JECRC UNIVERSITY, JAIPUR Faculty of Law BALL.B(Hons

JECRC UNIVERSITY, JAIPUR

Faculty of Law

BALL.B(Hons.)

BATCH (2020-25)

ENGLISH -I

Paper Code: BAL001A Maximum Marks: 100

Aims / Learning Objectives 1. Enable the students to use the language correctly and effectively.

2. Enhance the comprehension and analytical skills of the students.

3. Enrich their vocabulary.

4. help students acquire the ability to speak effectively in English in real-life situations

5. Develop the art of expression and train students in composition skills.

Module-I Poems i. Where the Mind is Without Fear: R.N. Tagore

ii. Still I Rise: Maya Angelou

Module-II Short Stories i. An Astrologer’s Day- R.K. Narayan

ii. The Fall of the House of Usher- E. A. Poe

Module -III Grammar i. Parts of Speech

ii. Articles

iii. Modals

iii. Conditionals

Module -IV Vocabulary i. Affixes

ii. Synonyms, Antonyms, Homonyms

Module -V Writing Skills i. Application, Letter

ii. E-mail ii. Report

Module -VI Presentation Skills i. Debate

ii. Group Discussion

Module -VII Reading Comprehension i. Untouchable- Mulk Raj Anand

COMPUTER SCIENCE- I

Paper Code: BAL002A Maximum Marks:100

Aims / Learning Objectives

Module-1 1. Computer Fundamentals: Characteristics of Computers (Versatility, Basic operations, speed accuracy,

automation, storage, etc.).

2. Anatomy of Computer: Input Devices, Output Devices, Central Processing Unit, Storage Devises.

3. Classification of Computers: Micro, Mini, Mainframe, Super Computer).

4. Computer Software: Definition, Types of software-System and application software.

5. Operating System: Definition, Need, Types, Functions, Popular operating system and their applications.

6. Programming languages: Types of programming languages-Low level, high level programming

languages and their evolution, oops.

7. Communication System: Data communication system, different data transmission mediums (twisted

pair, Coaxial, Microwave, Communication Satellite. optical fiber) and their advantages.

8. Networking systems: Need, types, Internet working, Networking Standards.

Module- 2 (Operating System-MS-Windows) 1. Windows: Definition, Evolution of Windows, components, moving, resizing and closing a window.

Features ( User interface, file naming, easier mailing facility, easier remote access,

2. Working with Dialog boxes: Text boxes, list boxes, drop-down list boxes, option button, check box.

3. Using Menus: Special indicators in window, a triangle, ellipses, a dot, a key combination, grey option

using scroll bars.

4. Navigating Windows: Using Windows explorer, Searching files and folders. Accessing a drive.

Creating and moving a shortcuts

5. File & Folders: Difference between file and folders, Creating a file in an application, Creating a folder,

copying files in a folder.

6. Creating copy of a file, creating sub folders, moving and renaming files and folders,.

7. Customizing desktop: Customizing Task bar, Setting time & date of the system, using desktop themes,

changing desktop of system, Setting patterns, Color palette, setting screen savers, changing appearance

of a window.

8. Installing a printer, making a default printer, Printing a document.

Module- 3 (MS-Word) 1. Word Processing: Definition, Advantages, Functions, Popular word processors.

2. Working with MS-Word: Word application window, Getting help, creating, saving, closing and opening

a document.

3. Editing a document: Navigating a document, Undo and Redo, Character level editing, Forming a block,

Text correction and deletion. Moving, copying, finding and replacing text.

4. Templates and Wizards: Introduction of templates, using documents on templates, using wizards to

create a document.

5. Page Formatting: Meaning, Setting paper size, orientation, setting margins. Setting header and footer.

Inserting page no. and date. Inserting page break. Text alignment and indentation. Setting Tabs.

6. Text Formatting: Copying removing characters, using styles, modifying the styles. Setting border and

shading.

7. Tables: Creating a table, changing the display of table, adjusting row column width. Appling arithmetic

computation in table.

8. Mail merging: Meaning, Setting up main document, creating data source, merging a document, Using

labels and Envelop wizards.

Module- 4(MS-Excel) 1. Electronic Spread sheet: Definition, History, Terminology, Features, Application and Advantages.

2. Basics of MS-Excel: Starting MS-Excel, Components, Workbook, Worksheet, online help. Creating a

Workbook, Data Entry in a work book. Copying and moving data saving a work book. Saving and

Retrieving a work book.

3. Editing: Editing a cell, selecting range, deleting cell, column, row, worksheet. Renaming, moving,

copying and moving a worksheet. Protecting a workbook.

4. Formatting: Adjusting a column width, row height, hiding /unhiding rows and columns, aligning a

worksheet data. Number, currency, date formats.

5. Functions: Types of function in MS-Excel, Syntax, Mathematical function, logical function, date/time

function. Function Wizard

6. Formula: Entering a formula, referencing technique, naming range, moving & copying formula. 7. Charts: Creating Charts, Components of a chart, types of a chart, using chart wizard, Moving and

resizing charts, saving & retrieving charts.

8. Printing: Defining page layouts, setting header and footers, hiding gridlines, print preview, printing a

worksheet.

Module- 5 Power Point

Module- 6 (Internet) 1. Definition, Scope, History, Applications, services.

2. Getting Connected: Dial-up Connection, Direct& Dedicated connections.

3. World Wide Web: Meaning, Webpage, website, hyperlinks. Using web browsers. Domain name

system. IP Address. TCP/IP Account (2 Lect.)

4. E-mailing: concept, Working, protocol, free email services.

5. HTML: Tags layout of HTML document, Creating HTML Document, Adding comment, Heading, color

settings, inserting an image, Hyper link. (3 Lect.)

Module-7 (Networking system) 1. Concept of Networking: Meaning, Need, Types, Media.

2. Information System: Types of information, Levels, Quality, Components, functional areas.

3. Data Communication: Meaning, Elements, Modes, Speed, Mediums, Types of data transmission.

(2 Lect.).

4. Computer Networks: definition, Terminology, Technology ( LAN, WAN, MAN etc.), Server, client,

Work group , Host, System administrator. (2 lect.)

5. Network Applications: Topologies and their advantages, Role of Protocols, Communication Protocols.

6. Internetworks: Definition, Advantages, Popular Internetwork in India.

Books: 1. Introduction to computers, Peter Norton,TMH

2. Computer Fundamentals, P.K.Sinha,BPB

3. MS-Word 2003 complete reference.

4. MS-Excel 2003 complete reference.

5. MS-Access 2003 complete reference.

6. Internet-An Introduction , CIStems-TMHseries.

7. Computer Sciences, D.P.Nagpal, PHI 8. Internet- Every Thing You Need To Know, D.E. Comer, PHI

9. Comdex Computer Course Kit, Vikas Gupta, Dreamtech, N.Delhi

PSYCHOLOGY-I

Subject Code: BAL003A Maximum Marks: 100

Module I Introduction to Psychology: Definition and goals of psychology. Leadership: Definition and functions of leaders;

Characteristics of a leader, theories of leadership, effective leadership

Module II Motivation: Types of motives: Biogenic and sociogenic motives. The need hierarchy model; Techniques of

assessing motivation; Emotions: Nature, types and physiology of emotions. Theories of emotions: James- Lange,

Canon-Bard and Schachter –Singer theory.

Module III Learning: Meaning and definition of learning; Operant Conditioning, classical Conditioning, Cognitive

learning; Reinforcement and punishment; Escape and avoidance learning and social learning.

Module IV Adjustment, Stress and Coping: Definition & Nature of adjustment and stress; Types and Sources of stress;

Coping and stress management techniques.

Module V Personality and Attitudes:: trait and type approaches; biological and socio-cultural determinants; techniques of

assessment; psychometric and projective. Nature and function of attitudes; theories, formation.

Module VI Human Intelligence: Meaning and Nature of Intelligence – Theories of Intelligence. Determinants of intelligence,

Genetic and Environmental influences; Measurement of Intelligence. Different tests of intelligence.

Module VII Memory and Forgetting: Basic processes: Encoding, Storage, Retrieval; Stages of Memory: Sensory Memory,

Short term memory & LTM; Models of Memory, Levels of Processing. Measurement of memory; Causes of

forgetting.

Suggested readings: J.E.Alcock, D.W.Carment, S.W.Sadava, J.E.Collins & J.M.Green, 1997, A textbook of Social Psychology.

Scarborough, Ontario:Prentice Hall/ Allyn and Bacon.

Baron & Byrne, 1998, Social Phychology, New Delhi, Prentice Hall.

R.S.Feldman, 1985, Social Psychology: theories, research and application, New York, McGraw Hill.

O. David Myers, 1994, Exploring Social Psychology, New York, McGraw hill

O.R.Semin& K.Fiedler (eds.), 1996, Applied Social Psychology, London, Sage. Butcher, J.N., Mineka, S., &

Hooley, J.M., (2004). Abnormal Psychology, 12th Edition. Allyn & Bacon.

Sarason, I.G., & Sarason, B.R. (2002). Abnormal Psychology: The problem of maladaptive behavior, Tenth

Edition. Prentice Hall.

ECONOMICS-I

Paper Code:BAL004A Maximum Marks 100

Module I: Introduction to Economics • Basic concept of Economics: Definition, Scope, Basic problems.

• Form of economic analysis: Macro Vs Micro economics, Normative Vs Positive economics, Static Vs

Dynamic, Partial Vs General, and Long-run Vs Short-run.

• Free Enterprise: Capitalism, Socialism, Mixed Economy and Economic Planning.

• Economics offences and economic legislation.

Module II: Introduction to Microeconomics • Theory of consumer behavior

• Theories of Demand- Demand function, Law of Demand.

• Concept of Utility and Utility theory- Utility Approach, Indifference Curve Approach.

• Law of Diminishing Marginal Utility and Equi-Marginal Utility.

Module III: Theory of Supply and Consumer Behaviour • Law of Supply, Supply Function.

• Price determination, Shift of Demand and Supply.

• Elasticity of Demand and Supply.

• Applications of Demand and Supply- Tax floor and ceilings, Applications of Indifference curves-Tax,

Labor and Work.

• Law of Consumer Surplus.

Module IV: Revenue & Market structure • Revenue Concepts.

• Classification of Markets- Pure and Perfect Competition, Monopolistic, Imperfect Competition,

Monopoly (Anti- Monopoly Law), Duopoly, Oligopoly and Cartels, Types of Horizontal Cartels,

Market allocating Cartels and Price Fixing Cartels

• Concept of Dumping- to be substantiated with the cases of International Court of Justice, Competition

Law.

Module V: Introduction to Macroeconomics • Interdependence of Micro and Macro Economics.

• Basic Concepts- Stock and Flows, National Products, Domestic Product, Aggregate Consumption

• Circular Flow of Income.

• National income, Real and Nominal GNP.

• Inflation-Demand Pull and Cost push, Inflation and Rate of Interest.

Module VI: Theory of money • Function of Money, Classification, Supply and Demand for Money.

• Effects of Money on Output and Prices.

• Money Markets and Capital Markets.

• Inflation and Deflation

• Concepts of Banking Sector: Bank rate, Cash Reserve Ratio(CRR),Statuary Liquidity Ratio(SLR)

Module VII: Introduction to Indian Economy • Indian Economy: Structure and condition

• Trends of Population growth

• Post Independence economic policy in India (1991). • Unemployment and Employment Generation Schemes in India.

• Poverty and Special study of Rural Poverty in India.

LAW OF TORTS Subject Code: BAL006A Maximum Marks: 100

Objectives:

This course is designed to study the principles of tortious liability, the defences available in an action for torts,

the capacity of parties to sue and be sued and matters connection there with.

Further, this course is designed to study specific torts against the individual and property. With rapid

industrialization, inadequacy of the law to protect the individual is exposed. An attempt shall be accorded to the

individuals against mass torts and industrial torts. Keeping in the expensive character of judicial proceedings the

students should reflect on the alternative forms, and also the remedies provided under the Consumer Protection

Act, 1986.

Course contents:

I -Module

Evolution of law of torts ,

Meaning, Nature and scope of law of torts ,

Torts distinguished from Contract & Crime,

Development of Ubi jus ibi Remedium ,

Mental elements ,Intention, Motive, Malice in Law and in Fact.

II -Module

General Defences,

Vicarious Liability,

Absolute and Strict liability.

III -Module

Negligence ,

Nuisance,

Legal Remedies ,

Remoteness of damage.

IV -Module

Torts affecting body- Assault, Battery, Mayhem and False Imprisonment;

Torts affecting reputation ,Libel and Slander,

V-Module

Torts affecting freedom-Malicious Prosecution, Malicious Civil Action and Abuse of Legal Process.

Torts affecting domestic and other rights-Marital Rights, Parental Rights, Rights to Service, Contractual

Rights, Intimidation and Conspiracy

VI-Module

Torts against property

VII-Module

Consumer Protection Act, 1986

Prescribed Books:

Ratanlal and Dhirajlal- Law of Torts.

Singh Gurubax- Law of Consumer Protection.

Reference Books:

Winfield and Jolowicz- Tort

Hepple and Mathews- Tort: Cases and Materials

Baxi Upendra and Danda Amita- Valiant victims and Lethal

Salmond- On Torts.

Avtar Singh - The law of Torts.

D. N. Saraf - Law of Consumer Protection in India.

Litigation-The Bhopal Case

LAW OF CONTRACT -I

Paper Code: BAL022A Maximum Marks : 100

Aims and Objectives of the Course Every society is governed by some contractual obligation and certain general Principles of Contract. Making of a

Contract is now a day a Common Phenomenon. The subject will ensure better understanding about the subject. It

will acquaint students with the conceptual and operational parameters of the contractual obligations. Specific

Enforcement of the contract is also an important aspect of the law of contracts, so it has been introduced

alongwith the general principles of the contract.

Module – 1 (a) History and nature of Contractual Obligations

(b) Formation of Contract: Proposal and Acceptance

Module – 2 (a) Consideration

(b) Capacity to Contract

Module – 3

Consent and Free Consent (a) i. Coercion

ii. Undue Influence

iii. Misrepresentation

(b) i. Fraud

ii. Mistake

Module – 4 (a) Void Agreements

(b) Legality of Object and Consideration

Module – 5 (a) Modes of discharge of contract

i. Performance

ii. Wagering Agreements (b) i. Impossibility of Performance

ii. Anticipatory Branch

Module – 6 (a) Quasi Contract

(b) i. Breach of Contract and Damages

ii. Measurement of Damages

iii. Standard form of Contracts

Module – 7

Specific Relief Act, 1963 (a) i. Contracts which are specifically enforceable

ii. Contracts which are not specifically enforceable

iii. Injunction

(b) i. Rescission and Cancellation of Contract

ii. Discretion of Court

Judgments 1. Bhagwandas Goverdhan Dass Nadia v. M.S. Girdari Lal Parshottam Dass and Co., AIR 1966 SC 548

2. Khan Gul and Ors v. Lakha Singh, AIR 1928 SC Lahore 609

3. Sonia Bhatia v. State of U.P., AIR 1981 SC 1274

4. Gheru Lal Parakh v. Mahadeo Das, AIR 1959 SC 781

5. Satya Brata Ghosh v. Mugneeram Bangur and Co., AIR 1954 SC 44

6. Puran Lal Shah v. State of U.P., AIR 1971 SC 712

7. Patel Engineering Ltd. and Anr. v. National Highway Authority of India and Anr., AIR 2005 Del. 298

8. Shree Balaji Coal Linkers, U.P. v. Bharat Sanchar Nigam Ltd and Ors., AIR 2004 All. 141

9. Prentice Hall India Pvt. Ltd. v. Prentice Hall Inc. and Ors., AIR 2003 Del. 236 10. M/s Harayna Telcom Ltd. v. Union of India and Anr., AIR 2006 Del. 339

Suggested Readings: 1. Pollock and Mulla, Indian Contract Act and Specific Relief Act

2. Avtar Singh, Law of Contract

3. Beatsen (ed.), Anson’s Law of Contract

4. G.C. Cheshire and H.S. Fifoot and M.P. Furmgton, Law of Contract

5. Banerjee, S.C., Law of Specific Relief

6. Anand and Aiyer, Law of Specific Relief

7. Subha Rao, Law of Specific Relief

INDIAN LEGAL HISTORY Paper Code: BAL005A Maximum Marks: 100

Aim and Objective This course attempts to provide a basic introduction to evolution of Law in India. Study of law relating to a

particular country is not complete without understanding the history and development of the Laws and legal

institutions. A student of law should be exposed to the ancient social order and religious philosophy as well as to

the systems of dispute settlement mechanisms existing in those days. The medieval period had influence in the

development of legal system. The advent of the British was an event, which also had its influence.

The traditions of the past have made our modern legal system what it is, and still live on in it. Without a proper

historical background, it may be difficult to appreciate as to why a particular feature of the system is as it is. The

historical perspective throws light on the anomalies that exist have and there in the system.

Module- 1 (a) i. Emergence of East India Company: Development of authority under charters

ii. Administration of Justice in Madras 1639-1726

(b) i. Administration of Justice in Bombay 1668-1726 ii. Administration of Justice in Calcutta before 1726

iii. The mayor’s Courts and the Genesis of the Charter of 1726, Provisions of the charter, charter of 1753,

defects of judicial system.

Module- 2 (a) Adalat System

i. Grant of Diwani

ii. Execution of Diwani Functions

iii. Judicial Plan of 1772

iv. Defects of the Plan

v. New Plan of 1774

vi. Reorganization of adalats in 1780

vii. Reforms of 1781

(b) i. The Regulating Act of 1773

ii. The Charter of 1774 and establishment of Supreme Court at Calcutta

iii. Defects of the Supreme Court

Module- 3 (a) i. Act of Settlement, 1781

ii. Major Defects

iii. Supreme Court of Calcutta, Bombay and Madras

(b) i. Judicial Reforms of Lord Carnwallis

ii. Reforms in Administration of Criminal Justice

Module- 4 (a) i. The Indian High Court Act of 1861

ii. The Indian High Court Act, 1911

iii. The Indian High Court Act, 1915

iv. High Court under the Act of 1935

(b) i. The Federal Court of India

ii. Privy Council (A Unique Institution)

iii. Appeals from India

Module- 5 (a) i. The Charter Act of 1833

ii. The Charter Act of 1853. Main Provisions and Defects

(b) i. Main Provisions of the Indian Council Act, 1861

ii. The Indian Council Act of 1892

Module- 6 (a) i. The Govt. of India Act, 1909

ii. Minto Morley Reforms

iii. Defects of the Act

(b) i. Montegue Chelmsford Reforms 1919

ii. Dual System

Module- 7 (a) The Govt. of India Act, 1935 (Background)

i. Federalism

ii. Provisional Astronomy

(b) Indian Independence Act, 1947

Some landmarks cases- (a) Issue of Raja Nand Kumar (1775): Whether a Judicial Murder ?

(b) The Patna case (1777-79)

(c) The Cossijurah case

(d) The case of Kamaludin

Reference books- 1. M.P. Jain, Outlines of India Legal History

2. M. Rama Jois, Legal and Constitutional History of India 3. A.B. Keith, Constitutional History of India

4. Rankin G.C. Background to Indian Law

5. V.D. Kulshrestha, Landmarks in Indian Legal History

ENGLISH - II


Aims / Learning Objectives

1. Enable the students to use the language correctly and effectively.

2. Generate interest of student in English language.

3. Make the student write correctly in English language and help them to express their ideas.

4. Enrich their vocabulary

5. Train students in composition skills

Module -I Poems

i. My Last Duchess- Robert Browning

ii. The Dance of the Eunuchs: Kamala Das

Module -II Essays

i. On the Rule of the Road- A.G. Gadiner

ii. Of Revenge- Francis Bacon

Module -III Grammar

i. Tenses

ii. Passive Voice

iii. Narration

Module -IV Vocabulary

i. Idioms and Phrases

ii. One Word Substitution

Module -V Writing Skills

i. CV and Resume

ii. Paragraph

ii. Précis

Module -VI Presentation Skills

i. Power Point Presentation

ii. Translation

Module -VII Reading Comprehension

i. Train to Pakistan- Khushwant Singh

COMPUTER SCIENCE- II


Module- 1 (DOS/UNIX) (a) Disk Operating System: Introduction tooperating system, How DOS works, Internal Commands:

PROMPT, CLS, DATE, TIME, DIR, REN DEL, MD, CD, RD, COPY, TYPE, VOL, VER, PATH.

External Commands: XCOPY, DELTREE, FORMAT, CHKDSK, DISKCOPY, DISKCOMP, SCANDISK,

TREE, APPEND, ATTRIB, LABEL, EDIT, DOSKEY.

(b) Unix Operating System: Introduction, History, features, simple Unix commands.

Module- 2 (Page Maker) (a) Introduction to page maker: introduction, creating publications, setting up a new publication, opening

editing and existing publication. Typing text moving a text block, page orientation

(b) Type menu : applying a font, formatting and word processing, formatting characters, changing borders and

applying fills, graphics and text blocks, wrapping text around graphics and drop down menus

Module- 3 (Excel) (a) Electronic Spread sheet: Definition, History, Terminology, Features, Application and Advantages.

Basics of MS-Excel: Starting MS-Excel, Components, Workbook, Worksheet, online help. Creating a

Workbook, Data Entry in a work book. Copying and moving data saving a work book. Saving and retrieving

a work book.

(b) Editing: Editing a cell, selecting range, deleting cell, column, row, worksheet. Renaming, moving, copying

and moving a worksheet. Protecting a workbook.

Formatting: Adjusting a column width, row height, hiding /unhiding rows and columns, aligning a

worksheet data. Number, currency, date formats.

Module- 4 (Excel) (a) Functions: Types of function in MS-Excel, Syntax, Mathematical function, logical function, date/time

function. Function Wizard Formula: Entering a formula, referencing technique, naming range, moving &

copying formula.

(b) Charts: Creating Charts, Components of a chart, types of a chart, using chart wizard, Moving and resizing charts, saving & retrieving charts.

Printing: Defining page layouts, setting header and footers, hiding gridlines, print preview, printing a

worksheet.

Module- 5 (Access) (a) i. Database: Definition, component, understanding RDBMS, basic object of a RDBMS.

ii. Creating Table: Methods for creating table, setting datatypes, naming fields, entering records,

saving, closing retrieving table. Adding validation in a table.

(b) i. Modifying a Table: Rearranging fields, adding deleting, changing column width, editing record,

selecting multiple fields, hiding/unhiding and freezing a field.

ii. Report: Creating a report of table, query, designing a report, moving report to MS- word

Module- 6 (Multimedia) (a) Multimedia : What is multimedia, components (Text, graphics, Animation, Audio, video), Multimedia

Applications : Multimedia Presentation, Foreign language learning, Video games, Special effects in movies,,

Multimedia conferencing, media center computer

(b) Topology :introduction, star topology, Ring or circular Topolpgy, tree topology, graph topology, mesh

topology, Repeater, bridge, Router gateway

Module- 7 (Networking system) (a) Concept of Networking: What is a network, network goals, Types, Media, Data Communication: Meaning,

Elements, Modes, Speed, Mediums, Types of data transmission

(b) Computer Networks: definition, Terminology, Technology (LAN, WAN, MAN etc.), Server, client, Work

group, Host, System administrator. Network Applications.

Suggested Readings: 1. Introduction to computers, Peter Norton,TMH

2. Computer Fundamentals, P.K.Sinha,BPB

3. MS-Excel 2003 complete reference.

4. MS-Access 2003 complete reference. 5. Internet-An Introduction, CIStems-TMHseries.

6. Computer Sciences, D.P.Nagpal, PHI

7. Internet- Every Thing You Need To Know, D.E. Comer, PHI

8. Comdex Computer Course Kit, Vikas Gupta, Dreamtech, N.Delhi

PSYCHOLOGY-II


Module I: Human Intelligence: Meaning and nature of intelligence- theories of intelligence.

Module II Determinants of intelligence: genetics and environmental influences; measurement of intelligence. Different

tests of intelligence.

Module III: Memory and Forgetting: Basic processes: encoding, storage, retrieval; stages of memory: sensory memory,

short term memory & LTM; models of memory, levels of processing.

Measurement of memory; causes of forgetting.

Module IV: Prejudice and discrimination: Nature and components of prejudice; acquisition of prejudice; reduction of

prejudice.

Module V: Communication: Communication models; verbal and non-verbal communication; language and social

interaction; barriers in communication.

Module VI: Disorders: Anxiety disorder panic disorder and agoraphobia, specific phobias, social phobia, obsessive

compulsive disorder, generalized anxiety disorder.

Module VII: Mood disorder. Schizophrenia: delusional disorder, brief psychotic disorder.

Suggested readings:

1. J.E. Alcock, D.W. Carment, S.W. Sadava, J.E. Collins & J.M. Green, 1997, A textbook of social

psychology. Scarborough, Ontario: Prentice Hall/ Allyn and Bacon.

2. Baron & Byrne, 1998, Social Psychology, New Delhi, Prentice Hall.

3. R.S. Feldman, 1985,Social Psychology: theories, research and application, New York, McGraw Hill

ECONOMICS-II

Paper Code- BAL011A Maximum Marks: 100

Module-1. Money and Banking a) Indian Banking Structure

b) The Central Bank of India (RBI)- functions and credit control policy (CRR, SLR,

Repo rate, reverse repo rate)

c) Commercial Banking- functions, organization and operation

d) Banks v/s NBFIs, meaning and role of NBFIs

e) Unorganized money market

Module-2. Macro Economics a) Problems in estimation of National Income

b) Inflation- meaning and types of inflation

c) Effects of inflation on the economy, measures to control inflation

d) Deficit Financing- meaning and role in economic development

e) Business cycle – meaning, phrases and its features

f) Concept of Consumer protection and unfair trade practices

Module-3. Principles of Public Finance a) Concept of public finance, public finance v/s private finance b) Tax system- meaning of taxation, canons of taxation

c) Classification of taxes

d) Fiscal policy- concept, objectives and instruments

Module-4. International Trade a) Meaning of free trade, arguments for and against free trade

b) Protection- arguments for and against protection

c) Foreign exchange- meaning and determination of foreign exchange rate

d) Concept of Forward and spot exchange rate, hedging

e) Fixed and flexible exchange rate

Module-5. Economic Reforms (A) a) New economic policy of 1991- key features

b) Globalisation in India- Concept and growth, Advantages and disadvantages of

globalization for a developing economy

c) Foreign Aid- types and need for foreign aid

d) Concept of FDI and FII, Advantages and disadvantages of FDI inflow,

Module-6. Economic Reforms (B) a) Reforms to strengthen Indian money market

b) Reforms to strengthen Indian banking sector c) The role of public and private sector in the economy

d) Concept of SMEs and their contribution in the economy

Module-7. Indian economy a) Concept of Financial inclusion and Micro financing

b) Concept of poverty and poverty alleviation programmes in India

c) Land reforms in India and commercialization of agriculture.

Suggested Readings: 1. Mishra and Puri: “Indian Economy”

2. H.L. Ahuja: “Macroeconomics”

3. Dr. Kalpana Satija: “Economics for Law Students”

LAW OF CONTRACTS –II


Aims and Objectives of the Course The Subject is introduced for understanding and appreciating the Basic essentials of a valid contract. It will

provided understanding of the contractual relationship in various instances. The subject is emphasizing on the

intricacies of the Contract concerned. It provides an insight in to the justification for the statutory provisions for

certain kinds of the Contract.

Module – 1 Indian Contract Act

(a) Indemnity and Guarantee

(b) Bailment

Module – 2 (a) i. Pledge ii. Government as a Contracting Party

(b) Agency

Module – 3 Sale of Goods Act, 1930

(a) Concept of Sale and Agreement to sell

(b) Implied Conditions and Warranties

Module – 4 (a) Transfer of Title and Property

(b) Performance of Contract

Module – 5 (a) i. Rights of Unpaid Seller

ii. Suit for Breach of Contract

(b) Indian Partnership Act, 1932

Nature and Definition

Module – 6 (a) Relationship of Partners Interse, Registration of Firm

(b) Relationship of Partners with Third Party

Module – 7 (a) Incoming and Outgoing Partners

(b) Dissolution of Firm

Judgments 1. Maharashtra State Electricity Board v. Official Liquidator, AIR 1988 SC 1497

2. Bank of Bihar v. State of Bihar, AIR 1971 SC 1210

3. P.S.N.S.A.C. and Co. v. Express Newspapers, AIR 1968 SC 741

4. Collector of Customs v. Pednekar and Co., AIR 1978 SC 1408

5. Vijaya Bank and Ors. V. Naveen Mechanised Construction Ltd., AIR 2004 Bom. 362

6. Veer Prabhu Marketing Ltd. and Ors. V. Sate of Maharashtra

7. Veer Prabhu Marketing Ltd and Ors. V. State of Maharashtra

8. Suresh Kumar Rajinder Kumar v. K. Assan Koya and Sons, AIR 1990 AP 20

9. Jute Distributors v. Sushil Kumar Gupta, AIR 1974 Ca. 386

10. M/s Devi Dayal Sales Pvt. Ltd. v. National Supply Corp. and Ors., AIR 2006 Cal. 301

11. Shivagodia Ravjit Patel v. Chander Kant Neelkanth Sadalgo, AIR 1965 SC 212

12. Narayanppa v. Bharkara Krishnappa, AIR 1966 SC 1300

Suggested Readings 1. Pollock and Mulla, Law of Contract

2. Avtar Singh, Law of Contract

3. G.C. Cheshire and H.S. Fifoot and M.P. Furmston, Law of Contract

4. Avtar Singh, Principles of the Law of Sale of Goods and Hire Purchase

5. J.P. Verma (ed.), The Law of Partnership in India

6. H.K. Saharay, Indian Partnership and Sales of Goods Act

7. Ramnainga, The Sales of Goods Act

8. A.G. Guest (ed.), Benjamin’s Sale of Goods

9. Avtar Singh, Law of Partnership

CONSTITUTIONAL LAW – I

Paper Code-BAL013A Maximum Marks: 100

Aims and Objectives of the Course India is a democracy and her Constitution embodies the basic principles of the democratic government how it

comes into being what are its powers functions, responsibilities and obligations how power is in various organs

distributed. Whatever had been the original power base of the Constitution, today it seems to have acquired legitimacy as a highest norm of Public law. A good understanding of the Constitution and the law, which has

developed through constitutional amendments, judicial pronouncement constitutional practice precedents and

conventions is therefore, absolutely necessary for a student of law of study. He must also know the genesis,

nature and special features and be aware of the social, political and economic influence on the Constitution.

The purpose of teaching constitutional law is to highlight its never-ending growth. Constitutional interpretation is

bound to be influenced by social, economics or political predilections. A student must, therefore, learn how

various interpretations of the constitution are possible and why a significant interpretation was adopted in a

particular situation. Such a critical approach is necessary requirement in the study of constitutional law.

Judicial review is also one of the important aspect to constitutional law. India is the only country where the

judiciary has the power to review even constitutional amendments. The application of basic structure objective in

the evaluation of executive action is an insertion development of Indian constitutional law. The concept of

secularism and federalism engraved in the constitution are to be interpreted progressively.

The following syllabus prepared with this perspective will comprise of about 7 units of 4 Hour each.

Module -1 (a) i. Indian Constitution in the making

ii. Nature and Special features of the Constitution.

(b) Citizenship of India

Module –2

Equality and Social Justice (a) i. Equality before the law and equal protection of laws

ii. Classification for differential treatment: constitutional validity

(b). Justice to the weaker sections of society: scheduled castes, scheduled tribes and other backwards class,

women and children.

Module – 3 (a) i. Speech and expression

ii. Media, press and information

(b) i. Freedom of speech and contempt of court

ii. Freedom of assembly

Module – 4 (a) Right to life and personal liberty: meaning, scope and limitations

(b) i. Rights of an accused-double jeopardy, self-incrimination and retroactive punishment

ii. Preventive detention-constitutional policy

Module - 5 (a) i. Concept of Secularism : historical perspective

ii. Indian constitutional provisions relating Secularism

(b) i. Freedom of religion and its scope

ii. Religion and the State : its limitations and minority rights

Module – 6 (a) i. Directive Principles-directions for social change-A new social order.

ii. Fundamental Rights and Directive Principles, inter-relationship-judicial balancing.

(b) i. Constitutional amendments-to strengthen Directive Principles.

ii. Reading Directive Principles into Fundamental Rights.

Module – 7 (a) i. Methods of Constitutional amendments

ii. Limitations upon constitutional power of amendments

(b) i. Development of the basic Structure : Doctrine

ii. Judicial activism and its Restraint

Judgments 1. S.R. Bommai v. UOI, AIR 1994 SC 1918

2. S.P. Gupta v. UOI, AIR 1982 SC 1991

3. Sunil Batra v. Delhi Administration

4. Keshvanand Bharti v. State of Kerala, AIR 1995 SC 2299

5. Minerva Mills Ltd. v. UOI, Air 1980 SC 1789

6. Hasinara Khatoon v. Home Secretary State of Bihar, 1979 SC 136

7. A.K. Gopalan State of Madras, AIR 1950 SC 27

8. Sachidanand v. Stae of West Bangal, AIR 1987 SC 1109

9. Rural Litigation and Entitlement Kendra v. State of UP

10. T.M.A. Pai Foundation v. State of Karnataka

11. M.C. Mehta v. UOI(1987) ISCC 395 AIR 1987 1086 12. Rudul Shah v. State of Bihar, AIR 1983 SC 1086

13. Bikunth nath v. C.D.M.O., AIR 1992 SC 1368

14. Indra Gandhi v. Raj Narain, AIR 1995 SC 2299

15. P&O Stream Navigation Co. v. UOI, AIR (1997) ISCC

16. People Union Civil Liberties v. UOI, AIR (1997)ISCC

17. Air India v. Nargesh Mirza, AIR 1981 SC 1829

18. Unnikrishnan v. State of A.P., AIR 1993 SC 2178

19. Indira Sawheny v. UOI, AIR 1993 SC 2178

20. Maneka Gandhi v. UOI, AIR 1978 SC 1789

21. I.R. Coolho (Dead) Through L.R.S. v. State of Tamil Naidu & ors. 2007 SC 137

22. Raja Ram Pal v. The Hon’ble Speaker Loksabha and Ors.

23. Kehar Singh v. State (1989)

24. Dhanjaya Chaterjee v. State West Bengal, AIR 2004.

Recommended Books 1. Narinder Kumar 2006

2. Dr. J.N. Pandey 2006 3. Dr. D.D. Basu, Shorter Constitution of India

4. Dr. Seervai Constitution of India (1992) Vol. I/II/III

5. Dr. M.P. Singh (ed) V.N. Shukla

POLITICAL SCIENCE –I

Paper Code: BAL021A Maximum Marks :100

Objectives

State and Government are the institutions which are regulating the behaviour of individual in society by its laws;

Political Science is the subject which is dealing with these institutions. The objective of this course is to create

awareness among the students about the various socio-economic and political issues, their Rights and Duties as

well as to impart them the knowledge about the basic concept of political science which with lay the foundation f

their study of law.

Module- 1 (a) Political Science : Meaning, Nature and Scope, Traditional and Modern perspectives.

(b) Behavioralism and post behavioralism.

Module- 2 (a) State : (i) Meaning and elements

(ii) Distinction between State and Government

(b) Theories and functions of State: Liberal Democratic, Authoritarian and Welfare State

Module- 3 (a) Rights and Duties : (i) Meaning and types of Rights and Duties

(b) UN Declaration of human rights

Module- 4 (a) Liberty (i) Meaning and definition, Negative and Positive concept of Liberty.

(ii) Safeguards of liberty.

(b) Property : Concept, Liberal and Marxian theory of Property.

Module- 5 Concepts: (a) Justice : Concept, legal political and socio-economic dimensions.

(b) Equality : Meaning and definition, legal, political and socio-economic dimensions.

Module- 6 Law meaning, nature and liability and law (a) Democracy : Concept, Features and types.

(b) Sovereignty: Concept Attributes.

Module- 7 (a) Power, Authority and Legitimacy

(b) The Erite Theory/Political Parties and Pressure Groups.

Reference Books 1. M.P. Jain, Political theory liberal and Marxian.

2. L. Asirvatham, Political theory Lucknow House

3. William Ebenstein, Modern Political though (New Delhi Oxford and IBH) 4. V.D. Mahajan, Political theory

5. R.C. Aggarwal, Political theory

6. J.C. Johari, Political Science

7. O.P. Gaba, Political Science

8. Prof. S.P. Verma, Modern Political Theory

9. Prof. S.L. Verma, Modern Political Theory

FRENCH LANGUAGE -I


Module- 1 i The alphabet

ii The accents

iii Elision

iv Liason

v To spell one’s name vi Numbers 1-10

vii Subject Pronouns

viii verbs : être and s’appeler

ix To present oneself

x Greet someone

xi To take leave

xii Understand a short dialogue [salutation]

Module- 2 i Definite articles

ii Nationalities and Professions

iii Numbers 11 – 69

iv verbs : avoir, habiter, apprendre

v Understand short dialogues in which one talks about oneself [2]

vi Filling up unofficial form

Module- 3 i Indefinate articles

ii Interrogation using “est-ce que.?” [oui / non]

iii Negation

iv Interrogation using “quel, où?

v Numbers after 70

vi Understand short dialogues in which one present oneself [3]

vii To ask someone to present himself

Module- 4 i Possessive Adjectives [1]

ii Verbs: aimer, adorer, préférer, detester [verbs ending –er]

iii Hobbies [faire du / de la]

iv Understand a short dialogue in which one talks about ones’ likes and aislikes

v To speak about ones likes and dislikes

Module- 5 i Interrogation using “Qui, Qu’est-ce que? [C’est..]

ii On = Nous

iii Writing a short letter : starting and ending a letter

iv Understanding a short letter giving information about oneself

v To write a short letter informing about oneself

Module- 6 i Months of the year, seasons, expressions with “avoir”

ii Interrogation using “Quand”

iii Verbs : aller, pouvoir, vouloir

iv Making polite requests

v Activities during vacations

vi Recent past

vii Near future

viii Nouns [plurals]

ix Understand / write a short letter talking about one’s vacation

Module- 7

i Pronom Tonique ii Telling / asking the time

iii Making an appointment

iv Verbs: venire, sortir, connaître, savoir

v Inviting a friend

vi Accepting / refusing an invitation

LAW OF CRIMES –I

Subject Code- BAL050A Maximum Marks: 100

Aims and Objectives of the Course

The purpose of the course is to familiarize students with the principles of criminal liability and other concepts of

substantive criminal law. It aims to provide students with an in-depth understanding of the sentencing policy of

the penal law of the land, the basic ingredients to establish crimes against person, property, order and state. The

course will help the students to learn about the general exceptions applicable in the law of crimes.

Module- I Introduction to Substantive Criminal Law: Extent and operation of the Indian Penal Code.

Module-II Definition of crime, Fundamental elements of crime.

Module-III Stage of a crime; Intention, Preparation, Attempt, Commission. Essentials of the attempt, impossible attempt,

attempt and preparation distinguished.

Module-IV General Explanations and Exceptions (Sec.76-106):

(i)Definition

(ii) Constructive joint liability

(iii) Mistake

(iv) Judicial and Executive acts

(v), Accident

(vi) Necessity

(vii) Infancy

(viii) Insanity

(ix) Intoxication

(x) Consent

(xi) Good faith,

(xii) Private defense.

Module-V Abetment (Sec.107 to 114).

Module VI Criminal Conspiracy (Sec 120-A and B).

Module VII Punishment Theories: Deterrent, Retributive, Preventive, Expiatory and Reformative Theory. Punishment under

the IPC: Fine, Life-Imprisonment, Death Sentence.

Text Books/ Reference Books: Gour, Hari Singh, Commentaries on Penal Law of India. In 4 vol. XI Ed. Law Publishers Allahabad. 2014.

Ratan Lal & Dhiraj Lal, Indian Penal Code. XXXII ed. Lexis Nexis. 2013.

Nelson. Indian Penal Code. 4 Vol. X Ed. Lexis Nexis. 2008.

Bhattacharyya, Prof. T. The Indian Penal Code. Central Law Agency Allahabad. 2014

Basu, D.D., Indian Penal Code 1860, Asoke K. Ghosh, Prentice-Hall of India Private Limited, 1997.

Misra, S.N. The Indian Penal Code. Eastern Book Company, Lucknow, 2012.

Pillai, P.S.A. Criminal Law.12th Ed. Lexis Nexis, 2014. List of Cases:

1. Woolmington v. DPP,[ 1935] AC 462 2. Kali Ram v. State of H.P, 1973 SCC (Cri.) 3. Sowmitri Vishnu v. Union of India, 1985 Supp

4. State of Maharashtra v. M. H George, AIR 1965 SC 722 5. State of Madhya Pradesh v. Narayan Singh, (1989) 3 SCC 596 6. DPP v. Smith, (1961) AC 290 7. R.v. Miller, (1983) 1 All ER 978 (HC) 8. R v. Speck, (1977) 65 Cr App R 161 9. Om Prakash v. State of Punjab, AIR 1961 SC 1782 10. Kurien v. State, 1975 KLT 748 11. Harrow London Borrow Council v. Shah, (1999) 3 All ER 302 12. Kartar Singh v. State of Punjab, 1994 SCC (Cri) 899 13. Dhanna v. State of M.P,AIR 1961 SC 1787 14. Mehbub Samsuddin Malek v. State of Gujarat, 1996 SCC (Cri) 1353

CODE OF CRIMINAL PROCEDURE – I (CR.PC – I)


Aims and objectives of the course

The Criminal Procedure code was enacted many years ago. It has undergone many changes. It is too enormous

for classroom discussion. But the students should have a fair idea about how the code works as a main spring of

the criminal justice. With this perspective the course is designed to make the student understand how the

Criminal Procedure code controls and regulates the working of the machinery set up for the investigation and trial

of offence.

Module-I Constitution of Criminal Courts and their Powers.

Module-II Arrest of Persons and the Rights of Arrested Persons,

Information to the Police and their Powers to Investigate.

Module III Cognizance of Offences by the Magistrate and Court of Sessions,

Complaints to Magistrates

Commencement of Proceedings before Magistrates.

Module IV The Charges: (a) Forms of Charges (b) Joinder of Charges.

Module V Trials of the Cases: Sessions Trial

Module VI Trials of the Cases Warrant Trial

(i)Cases Instituted upon a Police Report

(ii) Cases Instituted Otherwise than on a Police Report

(iii) Conclusion of Trial.

Module VII Trials of the Cases Summons Trial by Magistrates,

Summary Trial.

A. Text/ Reference Books:

1. Rattan Lal & Dhirajlal – The Code of Criminal Procedure

2. R.V. Kelkar – Code of Criminal Procedure

3. S.N. Mishra – Code of Criminal Procedure, 1973

4. Ganguly – Criminal Court Practice and Procedures

5. D D Basu, Criminal Procedure Code, 1973

6. Batuk Lal’s Commentary on the Code of Criminal Procedure, 1973

LIST OF CASES:

1. State of Bihar v. Chandra Bhushan Singh & Ors. AIR 2001 SC 429

2. Attiq-Ur-Rehman vs. Municipal Corporation of Delhi AIR 1961 SC 1267

3. Thomas Dana vs. The state of Punjab AIR 1959 SC 375

4. Praphakar vs. State of Maharastra AIR 2012 Cri. L.J.4726

5. Chattar Singh vs. State of M.P AIR 2007 SC 319




9. Mohd. Ahmed Khan v. Shah Bano Begum

Women, Children and Society


Objectives: At the end of the course, students will be able to have thorough knowledge of

To understand various principles of law of crimes.

To understand kinds of crime which are committed in society

To explain system of administration of criminal justice in India.

To understand procedural aspects of law

To understand burden of proof on prosecution and defence.

The feeble condition of women and children and their exploitation.

The legal limitation on their capacity and legal rights and protection provided in the Constitution and in

various laws are to be studied critically.

Module 1:

Position of women and children in society, Study of various laws made for the welfare of them, Sexual

Harassment of Women at Workplace (Prevention, Prohibition and Redressal Act, 2013: Definition-aggrieved

woman, domestic worker, employee, employer, sexual harassment, workplace, constitution of internal complaints

committee,constitution of local complaints committee,complaint,inquiry into complaint,duties of employer,duties

and powers of district officer.

Module 2:

Domestic Violence Act, 2005: Definitions, Powers and duties Of Protection Officers, Service Providers,

Procedure for Obtaining Orders of Reliefs.

Module 3: Dowry Prohibition Act,1961:Definition of `dowry’,Penalty for giving or taking dowry,Penalty for demanding

dowry,Agreement for giving or taking dowry to be void,Dowry to be for the benefit of the wife or

heirs,Cognisance of offences,Offences to be cognizable for certain purposes and to be bailable and non-

compoundable,Dowry Prohibition Officers

Module 4:

Indecent Representation of Women (Prohibition) Act, 1986: Definition- advertisement, distribution,indecent

representation of women, Prohibition of advertisements containing indecent representation of women, Prohibition

of publication or sending by post of books, pamphlets, etc., containing indecent representation of women,Powers

to enter and search, Penalty, Protection of action taken in good faiths

Module 5:

Protection of Children from Sexual Offences Act (POCSO),2012:sexual offences against children,using child for

pornographic purposes and punishment, abetment of, and attempt to commit an offence,procedure for reporting

of cases,procedures for recording statement of the child,special courts,procedure and powers of special courts and

recording of evidence,

Module 6:

Pre-conception and pre-natal diagnostic techniques (Prohibition of Sex Selection) Act, 1994

Module 7:

Child Marriage Restraint Act, 2017

Text Books:

1. Mamta Rao, Law Relating to Women and Children, Eastern Book Company, 3rdEdition, 2012.

2. Lalita Dhar Parihar, Women and Law, Eastern Book Company, 2011.

References:

1. SC Tripathi and Vibha Arora, Law relating to Women and Children, Central Law Publication, 2006

2. DK Tiwari & Mahmood Zaidi, Commentaries on Family Courts Act, 1984, Allahabad Law Agency, 1997

3. BN Chattoraj, Crime against Women: A Search for Peaceful Solution, LNJNNICFS, 2007

4. Nomita Agarwal, Women and Law, New Century Publishing House, 2005

5. Manjula Batra, Women and Law&Law Relating to Children in India, Allahabad Law Agency, 2001

CONSTITUTIONAL LAW - II



India is a democracy and her Constitution embodies the basic principles of the democratic government how it

comes into being what are its powers functions, responsibilities and obligations how power is in various organs

distributed. Whatever had been the original power base of the Constitution, today it seems to have acquired

legitimacy as a highest norm of Public law. A good understanding of the Constitution and the law, which has

developed through constitutional amendments, judicial pronouncement constitutional practice precedents and

conventions is therefore, absolutely necessary for a student of law of study. He must also know the genesis,

nature and special features and be aware of the social, political and economic influence on the Constitution.

The purpose of teaching constitutional law is to highlight its never-ending growth. Constitutional interpretation is

bound to be influenced by social, economics or political predilections. A student must, therefore, learn how

various interpretations of the constitution are possible and why a significant interpretation was adopted in a particular situation. Such a critical approach is necessary requirement in the study of constitutional law.

Judicial review is also one of the important aspect to constitutional law. India is the only country where the

judiciary has the power to review even constitutional amendments. The application of basic structure objective in

the evaluation of executive action is an insertion development of Indian constitutional law. The concept of

secularism and federalism engraved in the constitution are to be interpreted progressively.

The following syllabus prepared with this perspective will comprise of about 7 units of 4 Hour each.

Constitution, History and Development

Module –1

(a) i. Freedom of Trade/business

ii. Emergency, meaning and scope

(b) i. Proclamation of emergency-conditions and effect of emergency on Centre-state relations.

ii. Emergency and suspension of fundamental rights

Module –2

(a) i. President of India

ii. Election, qualification, salary and impeachment

(b) i. Power: legislative, executive and discretionary powers

ii. Council of Ministers in union and states

Module –3

(a) Prime Minister cabinate system-Collective Responsibility, individual responsibility.

(b) i. Federalism-principles: comparative study

ii. Indian Federalism: identification of federal features

Module –4

(a) Legislative relation between union and states

(b) i. Administrative Relations

ii. Financial relations

Module –5 (a) i. Governor and its role in States

ii. Centers powers over the state-emergency

(b) Challenges to Indian federalism

Module – 6

(a) i. The Supreme Court

ii. High Courts

(b) i. Judges: appointment, removal, transfer and condition of service: judicial independence

ii. Judicial review: nature and scope

Module – 7

(a) i. Freedom of Property: from fundamental right to constitutional right ii. Doctrine of pleasure (Art.310) of the constitution

(b) i. Protection against arbitrary dismissal, removal, or reduction in rank (Art. 311) of the

constitutional

ii. Exceptions to Art. 311 of the constitution.

Judgments

1. S.R. Bommai v. UOI, AIR 1994 SC 1918

2. S.P. Gupta v. UOI, AIR 1982 SC 1991

3. Sunil Batra v. Delhi Administration

4. Keshvanand Bharti v. State of Kerala, AIR 1995 SC 2299

5. Minerva Mills Ltd v. UOI, AIR 1980 SC 1789

6. Hasinara Khatoon v. Home Secretary State of Bihar, 1979 SC 136

7. A.K. Gopalan State of Madras, AIR 1950 SC 27

8. Sachidanand v. State of West Bangal, AIR 1987 SC 1109

9. Rural Litigatino and Entitlement Kendra v. State of U.P.

10. T.M.A. Pai Foundation v. State of Karnataka

11. M.C. Mehta v. UOI (1987) ISCC 395 AIR 1987 1086 12. Rudul Shah v. State of Bihar, AIR 1983 SC 1086

13. Bikunth nath v. C.D.M.O., AIR 1992 SC 1368

14. Indra Gandhi v. Raj Narain, AIR 1995 SC 2299

15. P & O Stream navigation Co v. Secy of State (1861) 5 HCR

16. People Union Civil Liberties v. UOI, AIR (1997) ISCC

17. Air India v. Nargesh Mirza, AIR 1981 SC 1829

18. Unnikrishnan v. UOI, AIR 1993 SC 2178

19. Indira Sawheny v. UOI Air 1993 SC 1789

20. Maneka Gandhi v. UOI, AIR 1978 SC 1789

21. I.R. Coolho (Dead) Through L.R.S. v. State of Tamil Naidu & ors, 2007 SC 137

22. Raja Ram Pal v. The Hon’ble Speaker Loksabha and Ors

23. Kehar Singh v. State (1989)

24. Dhanjaya Chaterjee v. State West Bengal, AIR 2004

Recommended Books

1. Dr. Narender Kumar 2006

2. Dr. J.N. Pandey 2006 3. Dr. D.D. Basu, Shorter Constitution of Indian

4. Dr. Seervai Constitution of India (1992) Vol. I/II/III

5. Dr. M.P. Singh (ed) V.N. Shukla

POLITICAL SCIENCE –II Paper Code: BAL031A Maximum Marks :100

Objectives Foreign Policy and Diplomacy are the instruments which are used by various Nations to achieve their national

interests in the International Relations, so the objective of this course is to create the awareness and impart the

information about the emerging trends of International Relations, which are responsible for the changing

international scenario particularly after the post-war period.

Module- 1 (a) International Relations: Meaning, Nature and Scope

(b) Emerging trends in International Relations

Module- 2 (a) National Power: Meaning, Elements and limitations.

(b) Theory of balance of Power, Collective Security system.

Module- 3 (a) Foreign Policy: Meaning, determinants and significance.

(b) Diplomacy: (i) Meaning and Nature

(ii) Relationship between Foreign policy and Diplomacy

Module- 4 (a) Cold War: Meaning, Causes and impact on International Relations.

(b) Détente, New Cold war and new détente, implications of the collapse of USSR

Module- 5 (a) Decolonization: Causes, rise of third world and its impact on International Relations.

(b) International Power structure: Bi-Polarity, Uni-Polarity, Multy-Polarity and steps towards Multy-

Centralism.

Module- 6 (a) Neo-colonialism : meaning and causes of its emergence.

(b) Multi-national Corporations: meaning and role of MNCs in International Relations.

Module- 7 (a) Relationship of India with US and Russia.

(b) Relationship of India with China and Pakistan.

Reference Books 1. Norman D. Palmer and Howard C. Perkins – International Relations the world community in transition

1985

2. Raymond Aron – Peace and war a theory of International Relations

3. H.J. Morgantheau – Politics among Nations

4. J.C. Johari – International Politics

5. Prem Arora – International Relations and foreign policy

FRENCH LANGUAGE -II


Module- 1 i Alimentation

ii Interrogation using “Combien?”

iii Expression of quantity [countable, uncountable]

iv Article partitif

v Verbs : manger, prendre, boire vi Direct object pronouns

vii “en” [replacing quantity]

viii Understand a conversation in a shop / restaurant

ix To order a meal in a restaurant / to make purchases in shop

Module- 2 i Imperative

ii Places in a city and genders of countries

iii L’article contracté

iv Locational prepositions

v Pronoun y

vi Verbs : plaire, offfir, voir

vii To ask for / to give directions

viii To describe a place / city

Module- 3 i Rooms of a house, ii Adjectives of colour

iii Adjectives of possession [2]

iv quelq’un, quelque chose, personne, rien

v Expression of obligation and necessity [verbs : falloir, devoir]

vi Demonstrative adjectives

vii Describe a residence

Module- 4 i Past tense

ii il y a , avant [marquers temporels]

iii Indirect Pronouns

iv Ne…que

v Understand / describe an event in the past

Module- 5 i Comparisions

ii Relative pronouns [qui, que, où] iii Members of the family

iv Pronominal verbes

v Depuis, Pendant… other marquers temporels

vi Pourquoi ? pour / Parceque

vii Describing daily activities

Module- 6 i Interrogation using inversion

ii Adjectives [of character/ physique]

iii Describe a person

iv ne plus, jamais

v Expression of one’s opinion

vi Express ones’ opinion on a subject

Module- 7 i Future tense

ii Understanding / talking about the future [eg weather forecast]

iii Subjunctive present iv Expressing one’s wishes

LAW OF CRIMES- II



The purpose of the course is to familiarize students with the principles of criminal liability and other concepts of

substantive criminal law. It aims to provide students with an in-depth understanding of the sentencing policy of

the penal law of the land, the basic ingredients to establish crimes against person, property, order and state. The

course will help the students to learn about the general exceptions applicable in the law of crimes.

Module- 1 Offences against Human Body

a) Culpable Homicide

b) Murder

c) Causing death by negligence

d) Abetment of suicide

e) Attempt to commit the above three offences

f) Causing miscarriage, exposure by children

g) Hurt (Simple and grievous)

h) Wrongful restraint and wrongful confinement

i) Criminal force and assault

j) Kidnapping, Abduction, Trafficking of person and Prostitution

k) Unnatural Offences

Module- 2 Offences against Property

a) Theft

b) Extortion

c) Robbery

d) Dacoity

e) Criminal Misappropriation of Property

f) Criminal Breach of Trust

g) Receiving Stolen Property

h) Cheating

i) Fraudulent Deeds and Disposition of Property

j) Mischief

Module- 3 Offences against Property rights and documents

a) Criminal Trespass

b) House Trespass

c) Lurking House Trespass

d) House breaking

e) Forgery

f) Making a false document

g) Forged document

h) Falsification of accounts

Module- 4 Offences against Women

a) Dowry death

b) Cruelty

c) Outraging the modesty of a woman

d) Sexual harassment

e) Assault or use of criminal force to woman with intent to disrobe

f) Voyeurism

g) Stalking

h) Rape

Module- 5 Offences against Marriage

a) False Marriages

b) Bigamy

c) Criminal elopement

Module- 6 Offences against Criminal Intimidation, Insult and Annoyance, Offences against State,

Public peace, Tranquillity and Religion

a) Criminal Intimidation

b) Insult

c) Misconduct in public by drunken person

d) Waging war

e) Sedition

f) Suffering escape of or harbouring a State prisoner or prisoner of war

g) Unlawful assembly

h) Rioting

i) Affray

j) Injuring or defiling place of worship with intent to insult the religion of any class

k) Deliberate and malicious acts, intended to outrage religious feelings of any class by

insulting its religion or religious beliefs

Module- 7 Offences relating to Public servants, False Evidence and Public Justice, Offences relating to

Elections

a) Offences relating to Public Servants

b) Contempt of the Lawful Authority of Public Servants

c) False Evidence and Offences against Public Justice

d) Bribery, Undue influence at elections and Personation

e) False statement in connection with an election

f) Illegal payments in connection with an election

g) Failure to keep election accounts

Texts/ Reference Books:

K.D. Gaur, Textbook on The Indian Penal Code

Dr K I Vibhute, PSA Pillai’s Criminal Law

Prof. S.N. Misra, Indian Penal Code

Dr. R. Prakash, O.P. Srivastava’s Principles of Criminal Law

Ratanlal & Dhirajlal, The Indian Penal Code

K.D. Gaur, Criminal Law: Cases and Materials

Case Laws:

1. State of Madhya Pradesh v. Narayan Singh, (1989) 3 SCC 596 2. DPP v. Smith, (1961) AC 290 3. R.v. Miller, (1983) 1 All ER 978 (HC) 4. R v. Speck, (1977) 65 Cr App R 161 5. Om Prakash v. State of Punjab, AIR 1961 SC 1782 6. Kurien v. State, 1975 KLT 748 7. Harrow London Borrow Council v. Shah, (1999) 3 All ER 302 8. Kartar Singh v. State of Punjab, 1994 SCC (Cri) 899 9. Dhanna v. State of M.P,AIR 1961 SC 1787 10. Mehbub Samsuddin Malek v. State of Gujarat, 1996 SCC (Cri) 1353

CODE OF CRIMINAL PROCEDURE-II

Subject Code: BAL055A Maxim um Marks: 100

Aims and objectives of the course

The Criminal Procedure code was enacted many years ago. It has undergone many changes. It is too enormous for classroom

discussion. But the students should have a fair idea about how the code works as a main spring of the criminal justice. With this

perspective the course is designed to make the student understand how the Criminal Procedure code controls and regulates the

working of the machinery set up for the investigation and trial of offence.

Module- 1 Pre- Trial Procedure

Arrest of Persons (Ss. 41-60)

Processes to Compel Appearance (Ss. 61-90)

Jurisdiction of the Criminal Courts in Inquiries and Trials (Ss. 177-189)

Conditions Requisite for Initiation of Proceeding (Ss. 190-199)

Complaints to Magistrates (Ss. 200-203)

Module- 2 Trial Procedure

Commencement of Proceedings before Magistrates (Ss. 204-210)

The Charge (Ss. 211-224)

Trial before a Court of Session (Ss. 225-237)

Trial of Warrant Cases by Magistrates (Ss. 238-250)

Trial of Summons Cases by Magistrates (Ss. 251-259)

Summary Trials (Ss. 260-265)

Evidence in Inquiries and Trials (Ss. 272-299)

General Provisions as to Inquiries and Trials (Ss. 300-327)

Provisions as to Accused Persons of Unsound Mind (Ss. 328-339)

Provisions as to Offences Affecting the Administration of Justice (Ss. 340-352)

Transfer of Criminal Cases (Ss. 406-412)

Attendance of Persons Confined or Detained in Prisons (Ss. 266-271)

Provisions as to Bail and Bonds (Ss. 436-450)

Irregular Proceedings (Ss. 460-466)

Plea Bargaining

Limitation for taking Cognizance of certain Offences (Ss. 461-484)

Module- 3 Post Trial Procedure

The Judgment (Ss. 353-365)

Submission of Death Sentences for Confirmation (Ss. 366-371)

Appeals (Ss. 372-394)

Reference and Revision (Ss. 395- 405)

Execution, Suspension, Remission and Commutation of Sentences (Ss. 413-435)

Module- 4 Preventive Concept in Criminal Procedure Code

a. Security for Keeping the Peace and for Good Behaviour (Ss. 106-124)

b. Maintenance of Public Order and its Tranquility (Ss. 129-148)

Module- 5 Welfare Concept in Criminal Procedure Code

Order for Maintenance of Wives, Children and Parents (Ss. 125-128)

Module- 6 Attachment, Forfeiture and Disposal of Property

a. Processes to Compel the Production of Things (Ss. 91-105)

b. Procedure for Attachment and Forfeiture of Property

c. Disposal of Property (Ss. 451-459)

Module- 7 Juvenile Justice System and Probation of Offenders

a. Probation of Offenders Act, 1958

b. Juvenile Justice (Care and Protection of Children) Act

Texts/ Reference Books: 1. Ratanlal & Dhirajlal, B.M. Prasad & Manish Mohan, The Code of Criminal Procedure (Cr. PC) (21st edn.,

JBA Publishers 2013)

2. S. C. Sarkar, revised by Sudipto Sarkar & V. R. Manohar, The Code of Criminal Procedure (in 2 Vols.)

(10th edn., JBA Publishers 2012)

3. Prof. S.N. Misra, The Code of Criminal Procedure (Cr. PC), with Probation of Offenders Act & Juvenile Justice Act (18th edn., JBA Publishers, 2012)

4. Choudhary, R. N., Law Relating to Juvenile Justice in India (3rd edn., Orient Publishing Company 2005)

5. Prof. N.V. Paranjape, The Law Relating to Probation of Offenders in India (D.K. Publishers, 1988.

LIST OF CASES:

1. State of Bihar v. Chandra Bhushan Singh & Ors. AIR 2001 SC 429

2. Attiq-Ur-Rehman vs. Municipal Corporation of Delhi AIR 1961 SC 1267







9. Mohd. Ahmed Khan v. Shah Bano Begum

RESEARCH METHODOLOGY


Module 1

(a)Scientific research: characteristics, types and methods i. Scientific Research and Scientific Methods in conduction research

ii. Aims and steps in scientific research

iii. Scientific and normative research

iv. Value and value free research

(b). Developing Research Skills

i. Writing research proposal—Steps

ii. Review of Literature -- Guidelines for evaluating Review of Literature

iii. Writing Bibliography and citation of case laws

Module 2

Formulation of research problem and Developing Research Questions (a) I. Components in research and selection of research topic

ii. Sources of selecting research problem

iii. Precaution in selecting research problem (b) i. formulation of research questions or hypothesis

ii. Nature and criteria of a hypothesis

iii. Sources and Types of hypothesis

iv. Importance of hypothesis in research

Module 3

Designing of research (a) i. Meaning and functions of research design

ii. Types of research design: descriptive, explanatory and exploratory

(b) i. meaning and purposes of sampling

ii. Criteria of good sample and key terms

iii. Types of sampling - Probability and Non probability

Module 4

Skills and Methods of Collecting Data (a) i. Meaning and definition of scientific data

ii. Types and sources and data--primary and secondary data (b ) i. Methods of data collection:

Questionnaire,

Interview,

Observation and,

Case study method

Module 5

Data Analysis and Interpretation and Generalization (a) i Use and Significance of Computers in Sociological Research

ii. Measurement of central tendency-- Mean, Mode and Median

(b) i. Data Interpretation and inferencing

ii. Generalization

Module 6 (a) Co relationship of theory and research---Merton, Karl Marx and Durkhiem

(b) Formulation of new principle

Module 7 (a) Documentation

i. Bibliography

ii. Citation of Case Laws

(b) Presentation of report/thesis

References 1. Andrews Richard: Research Questions, Continuum, UK, 2005.

2. Bell J.: Doing Your Research Project, Open University Press, Buckingham, 1999.

3. Bryman Alan: Social Research Methods, Oxford 2001

4. Babbie Earl: The Practice of Social Research, Wordsworth, 2001..

5. Levin, Jack: Elementary Statistics in Social Research, New York, Harper and Row Publishers.

6. Kothari, C.R.: Research Methodology-Methods and Techniques, New Delhi: Wishwa Prakashan

7. Bailey, Kenneth D.: Methods in Social Research, New York: MacMillan Publishing Co..

8. Nachmias David & Nachmias Chava: Research Methods in the Social Sciences, New York, St. Martin’s Press, 1981.

9. Sanders, Willam, B. & Pinhey Thomas K.: The Conduct of Social Research, New York, CBS College Publishing.

.

JURISPRUDENCE-I


Aims and Objectives:

The objective lies in opportunity for lawyers to bring theory and life into focus as it concerns human thought in relation to society.

The course aims at developing an analytical approach to understand the nature of law and working of a legal system. The objective

is to acquaint the students with contemporary concepts and trends in legal theory. Those concepts and methods of analysis of law

which persons – the judges, lawyers and jurists encounters in the course of their work are introduced.

Module – I

i. Meaning, Definition, Nature and Scope of Jurisprudence.

ii. Legal Theory and Jurisprudence.

Module – II

Natural School of Law

(Greek, Medieval, Modern Classical era, Reaction against positivism)

Module-III

Analytical School of Jurisprudence.

(Bentham, Austin, H L A Hart)

Module– IV

Kelson’s Pure Theory of Law and its criticism

Module-V

Historical School of Jurisprudence

(Savigny, Puchta, Henry Maine)

Module– VI

Sociological School of Jurisprudence

(Roscoe Pound, Ihering, Duguit)

Module-VII

Realist School of Jurisprudence

(Lewellyn, Karl, J N Frank, Oliverconna, Alf Ross)

CASE LAWS :

1. Maneka Gandhi v. U.O.I., AIR 1978 SC 597

2. Keshawananda Bharti v. State of Kerala, AIR 1973 SC 1461

3. Hussainarra Khatoon v. State of Bihar, AIR 1979 SC 1360

4. Olega Tellis v. Bombay Municipal Corporation, AIR 1986 SC 180

5. Ram Jawaya Kapoor v. State of Punjab, AIR 1955 SC 549

6. Mohd. Ahmed Khan v. Shah Bano Begum, AIR 1985 SC 945

7. People’s Union for Democratic Rights v. U.O.I., AIR 1982 SC 1473

8. Parmanand Katata v. U.O.I., AIR 1989 SC 2039

9. Bachan Singh v. State of Punjab, AIR 1980 SC 898

10. State of Madras v. Champakam Dorajan, AIR 1951 SC 228

Text/Reference Books:

1) Bodenheimer, Edgar Jurisprudence ‘The Philosophy and Method of the Law’, (Revised Edition) 1996 Universal Book Traders,

New Delhi 2) Wayne Morrison - Jurisprudence from the Greek to Post - Modernism (1997).

3) Holand Sir R.W.M. - Thomas Erskine Holland the Elements of Jurisprudence 2001, Universal Law Publishing Co Pvt. Ltd.

4) Freeman M.D.A. Lloyd’s, Introduction to Jurisprudence, Sweet and Maxwell Jurisprudence (7th Edition).

5) Dias Jurisprudence (Fifth Edition), Aditya Books, Butterworths.

6) P.J. Fitzgerald, Salmond on Jurisprudence (12th Edition) Universal Law Publishers

7). Friedman W. -Legal Theory. (Fifth Edition), Universal Law Publishing Co-Pvt. Ltd.

8) H.L.A. Hart, The Concept of Law, (2nd Edn.), Oxford University Press, (2007) 9) John Austin, Lectures on Jurisprudence, (5th

Edn.), R. Campbell (ed.)

FAMILY LAW –I



Family Law is the branch of law, which touches each and every individual of the society. It governs an integral part of the life of

the individual. In India we have a strange spectacle of personal laws. They owe their diversity to their varied origin, distinct

principles and the bulk of substantive law itself. The personal laws play a vital role in governing the conflicting interest of the

individuals. In India in personal matters there is no national or regional law. Personal law of a person is not determined by his

domicile or his nationality but by his membership of the community to which he belongs. Study of Family Law is Unique. It is not

like the rest of the civil laws. It lacks uniformity in application. It covers an enormous area of domestic relations such as marriage,

matrimonial remedies, legitimacy of children, custody, guardianship, adoption, intestate and testamentary succession etc. so

because of compulsion the sheer bulk of Family Law in divided into two as family Law-I and Family Law – II.

In India persons belonging to different religious communities live together and each community have their own personal law.

Therefore the courts enforce different personal laws for different individuals depending on the religion to which he belong. The

Hindus are governed by the Hindu Law. The Muslims are governed by Muslim Personal law. The other religious communities

have their own Personal Law. Personal law of one religious community cannot be applied to persons belonging to another religious

community.

The course is designed to analyze the presence of different personal laws for different community to and to discuss in detail the

personal laws of Hindus and Muslims.

Module-I Sources and Schools of Hindu law

Sources

Ancient

Modern Sources

Codification of Personal Laws

Schools of Hindu Law

Module-II Application of Hindu law

Who are governed by Hindu law?

Non-Applicability of Hindu law.

Constitutional Validity of Hindu law.

Module III Concept of Hindu Marriage

Evolution of the institution of Hindu Marriage

Forms of Marriage

Concept of Hindu Marriage

Marriage as sacrament or as contract

Marriage under the Hindu Marriage Act,1955

Capacity to marriage

Ceremonial Requirement

Registration of Marriage

Marriages between Hindus and Non Hindus in relation to Special Marriage Act

Module IV : Sapinda Relationship and Degree of Prohibited Relationship and Nullity of Marriages

Sapinda Relationship and Degree of Prohibited Relationship

Nullity of Marriages

Void Marriages

Voidable Marriages

Legitimacy of children of void and voidable marriages.

Bars to Matrimonial Relief

Module V Restitution of Conjugal Rights and Dissolution of Marriage

Restitution of Conjugal Rights:

Constitutional Validity

Mode of execution

Dissolution of Marriage

Theories of Divorce.

Grounds of Divorce

Judicial separation and their grounds

Distinction between Divorce and Judicial separation.

Bars to Matrimonial Relief

Module VI: Adoption and Maintenance

Adoption

Hindu Minority and Guardianship Act, 1956,

Provisions of Adoption of Hindu Adoption and Maintenance Act, 1956,

Guardians and Wards Act, 1890

Law of Maintenance

Provisions of Maintenance under Hindu Adoption and Maintenance Act, 1956

Maintenance of neglected wives, divorced wives, minor children, disabled children and parents who are unable to support

themselves under the code of Criminal Procedure 1973

Module VII: Inheritance

Succession to Property of a Hindu male dying intestate under the provisions of HAS 1956

Succession to property of Hindu Female dying intestate Disqualification relating to succession

General rules of Succession & exclusion from Succession

Heirs and their shares and distribution of Property

Joint Hindu Family (Mitakshara and Dayabhaga)

Coparcenary - Its Formation and Incidents

Kinds of Property - Obstructed and Un-obstructed Heritage, Coparcenary Property and Separate Rights and Duties of

Karta, Alienation of Coparcenary Property, Alienation of Undivided Coparcenary Interest.

List of Cases:

1. Harmeeta Singh v Rajat Taneja 102 (2003) DLT 822

2. Vikas Aggarwal v Anubha (AIR 2002 SC 1796)

3. Surinder Kaur Sandhu v. Harbax Singh Sandhu, AIR 1984 SC 1224

4. Kuldeep Sidhu v. Chanan Singh (AIR 1989 P&H 103)

5. Sarita Sharma v Sushil Sharma ([2000] 1 SCR 915)

6. Bhaurao v. State of Maharashtra, AIR 1965 SC 1564

7. Mahendra v. Sushila, AIR 1965 SC 364

8. M.M. Malhotra v. UOI & others, AIR 2006 SC 80

9. Seema v. Ashwani Kumar, AIR 2006 SC 1159

10. Vinita Saxena v. Pankaj Pandit, AIR 2006 SC 1662

11. Naveen Kohli v. Neelu Kohli, AIR 2006 SC 1676

12. Ahmedabad Women Action Group (AWAG) v. Union of India (AIR (1997) 3 SCC 573.

13. Swaraj Garg v. K.M. Garg, AIR 1978 Del. 296

Text/ Reference Books:

1. Myneni, S.R., Hindu Law, Asia Law House, 2015.

2. Mayne, Hindu Law and Usage, 17th Edition, Bharat Law House, 2014.

3. Mulla, Hindu Law, 22nd Edition, Lexis Nexis, 2016.

4. Subbarao, G.C.V., Family Law in India, 10th Edition, Gogia & Co., 2015.

5. Diwan, Paras. Hindu Law, 2nd Edition, Orient Publishing Co., 2003.

COMPANY LAW I


Aims and Objectives: Industrialization plays a very vital role in the economic development India. In the post-independence era, the industrial regulation

is employed as a principal means in the strategy for attaining constitutional values. Companies are no doubt powerful instruments

for development. Besides bringing and financial benefits to the capital and labour they help amelioration of the living conditions of

masses. In a developing society like India, vast varieties of consumer goods are manufactured or produced and different kinds of

public utility services are generated both for general welfare and consumption purposes. Obviously, it is beyond the capacity of

one or a few entrepreneurs to engage into such activities. Because the problem of raising large capital needed for such enterprises,

there is a looming danger of market risks. Hence, taking recourse to the device of incorporation is the only efficacious way to

surmount on such hurdles.

This course comprises of seven units of eight-hour duration. Each unit is further divided into two parts.

Module – 1 Definition Evolution and Nature of company

(i) Advantages of Incorporation.

(ii) Disadvantages of Incorporation.

Module – 2 (a) Registration and Incorporation

(i) Pre-incorporation Contracts.

(ii) Kinds of Companies

(b) Conversion of private company into public company and public company into private company

Module – 3 (a) Memorandum of Association

(b) Name clause

(c) Registered office clause

(d) Object clause - necessity

Module – 4 (a) Doctrine of Ultravires

(b) Consequences of Ultravires Transactions

(c) Articles of Association and relationship between Article of Association and Memorandum of Association

Module – 5 (a) Binding force of Articles of Association

(b) Alternation of Article of Association.

(c) Constructive notice of memorandum of Association and Articles of Association

Module – 6 (a) Doctrine of Indoor Management

(b) Exception to Doctrine of Indoor Management

Module – 7 (a) Prospectus – Definition

(b) Statement in lieu of Prospectus

(c) Remedies for misrepresentation in prospectus

Judgments 1. Corporation of India v. Escorts Ltd. (1986) comp. cas. 548

2. New horizons ltd another v. Union of India (1995) comp.L.J. 100(SC)

3. Lakshmanaswami Mudaliar v. HC, AIR 1963 SC 1185

4. Raymonds synthetics ltd. v. Union of India (1992) 73 comp. cas. 762 (SC) 5. ICICI ltd v. Srinivas agencies (1996) (2) SCALE 774 (SC)

6. Union of India v. Shalimar works ltd. (1987) comp.cas. 664

7. Bajaj Auto ltd. v. N.K. Firodia & ors, AIR 1971 SC 321

8. Unity company v. Diamond suger mills, AIR 1971

9. M/s. Madhusudan Goverdhan Das and Company v. Madhav Wollen Industries Ltd., AIR 1971 SC 2600

10. Shanti Prasad Jain v. Kalinga Tubes LTD, AIR 1965 SC 1535

Suggested Readings 1. S.M. Shan : Lectures on Company Law, N.M. Tripathi, Mumbai

2. Avtar Singh : Company Law, Eastern Book Co., Lucknow

3. Taxmans : Company Law and Practice.

4. A.Ramaiya : Guide to Companies at, Wedhwa

5. S.M. Shaw : Lectures on Company Law, Tripathi, Mumbai

6. Topham and Lvamy: Company Law, Butterworth

7. L.C.B. Gower : Principles of Modern Company Law, Sweet and Maxwell, London

8. Palmer : Plmers Company Law, Stevans London

FORENSIC SCIENCE AND CRIMINAL INVESTIGATION


Module- 1

The Role of Forensic Sciences in Criminal and Civil Cases: (a) The basic question in investigation – Qui Bono; the scene of crime; discovery of traces of physical evidence; classification

and reference to classified record.

(b) Systematization and classification of physical evidence and comparison with suspected; material; the principles of exchange;

the principles of heredity, Taxonomy, etc.

Module- 2 (a) The Establishment of Identity of Individuals :

Branding, tattooing, Mutilating, Scars, and Moles Bartillon system: photography; fingerprints; ridge characteristics;

proscopy.

(b) The Establishment of Partial Identity of Individuals:

Footprints: hair, skin; blood grouping; physical peculiarities.

Module- 3 (a) The Establishment of the Identity of Physical Objects by Shape and Size:

Identifying marks and impressions made by physical objects; shoe prints; type and tread marks; die and tool marks; upture or fracture marks.

(b) The Establishment of the Identity of Physical Objects by Physical and Chemical Analysis:

Paints; coloured objects; metals; alloys; Chain and the earthen wares; cements; plaster; bricks; dusts; soil; minerals; plastics.

Module- 4

Questioned Documents and the Identification of Handwriting: (a) Paper, its types and identification; inks; pencils and writing tools; handwriting habit and flow; disguised writing; comparison

and points of identity; sample;

(b) Various type of forgery and their detection; additions; erasures alterations; seals; rubberstamps; type-writing; printing;

blocks.

Module- 5

The Identification of Fire-Arms and Cartridges and Related Problems: (a) Types of fire-arms and their use; time and range of firing;

(b) Identification of a fire-arm with a cartridge case and bullet;

Module- 6 Injuries to Persons: (a) Evidentiary value of details of injuries; traces left by the weapon used; its range and direction; danger to clothing worn by the

victim and related problems.

(b) The flow of blood from injuries; the shape and directions of blood drops and their evidentiary value, the discovery of blood

and semen stains on various objects; accidental deaths and suicides.

Module- 7 (a) Miscellaneous Forensic Science Methods:

Restoration of numbers; examination of the walking picture of footprints; clothing; cooper wire; prices of wood etc.

(b) Evidentiary value of Physical Evidence as Evaluated a Forensic Sciences Laboratory viz. Evidence:

Findings of scientific methods of investigation; DNA, Narco analysis Brain mapping and lie Detector Tests.

References : 1. Gour, A.N, : Fire Arms, Forensic Ballistics, Forensic Chemistry and Criminal Jurisprudence.

2. Lucas A, : Forensic Chemistry and Scientific Criminal Investigation.

3. Lund quist, F, : Methods of Forensic Science (Vol. 1)

4. Moreland, N : Science in Crime detection illustrated.

5. Kaul; Narco Analysis, Brain Mapping and Lie Detector Tests.

LAW OF EVIDENCE

Subject Code: BAL048A Maximum Marks:100

Aims and objective-

The law of Evidence has its own significance among Procedural Laws. The knowledge of law of Evidence is indispensable for a

lawyer. The course is designed to acquaint the students with the rules of evidence in relation to relevancy of facts and proof.

MODULE I Fact In-Issue; Relevant Facts;

Document, Evidence :

Proved; Disproved; Not proved.

MODULE-II

May Presume, Shall Presume, and Conclusive Proof,

Circumstantial Evidence.

MODULE-III

Relevancy and Admissibility;

ResGestae,

Admission;

Confession,

DyingDeclaration,

RelevancyofJudgments.

MODULE-IV

OpinionofExperts;OpinionofThirdPersons,

ConductandCharacterofParties,

JudicialNotice,

Estoppel,

Means of Proof:

Oral Evidence;

Documents - Public Document, Private Document.

MODULE-V

Primaryand Secondary Evidence,

Exclusionof OralbyDocumentaryEvidence.

MODULE-VI

BurdenofProof, Witnesses:

CompetencyandCompellabilityofWitnesses.

MODULE-VII

ExaminationofWitnesses;

Privileges: State Privilege and PrivatePrivilege.

E. TEXT BOOKS/ REFERENCE BOOKS:

1. Ratan Lal & Dhiraj Lal, Law of Evidence, 25th Edition, Lexis Nexis, 2016.

2. Myneni, S.R., Law of Evidence, 2nd Edition, Asia Book House, 2015.

3. Monir, Law of Evidence, 10th Edition, Universal Law House, 2016.

4. Thakkar, Justice C K, Law of Evidence, 2nd Edition, 2 Vols., Whytes & Co., 2016.

5. Batuklal: Law of Evidence, 21st Edition, Central Law Agency, 2015.

6. Singh, Avtar, Law of Evidence, Eastern Book Co., 2015.

Bare Act: The Indian Evidence Act, 1872

List of Cases

1. Prem Singh vs State (Govt Of Nct Of Delhi) on 8 December, 2016

2. State vs N. Dev Dass Singha on 6 March, 2010

3. Babu vs State Of Kerala on 11 August, 2010

4. Rameshbhai Chandubhai Rathod vs State Of Gujarat on 27 April, 2009

https://indiankanoon.org/docfragment/135005145/?formInput=cases%20on%20circumstantial%20evidence



5. Majendran Langeswaran vs State (Nct Of Delhi) & Anr on 1 July, 2013

6. Ultratech Cement Ltd. Formerly ... vs Sunfield Resources Pvt. Ltd on 21 December, 2016

7. Rashid Ali vs The State Of U.P. on 16 April, 2015

8. Munshilal vs State Of M.P. on 23 May, 2018

https://indiankanoon.org/docfragment/122341097/?formInput=recent%20cases%20laws%20on%20evidence


CODE OF CIVIL PROCEDURE-I (CPC-I)

Subject Code- BAL051A Maximum marks: 100

Aims and Objectives To make student acquaint about the civil procedure.

To make them understand the stages of a civil suit.

To make them aware about various procedural rights.

Module-I Introduction of the Code: Nature, Scope and Definitions.

Module-II Jurisdiction of the Civil Courts, Revenue Courts, Courts to try all civil suits unless barred.

Module-III Stay of suit and Res judicata. Bar to further suit and Foreign Judgment, Court in which suits to be instituted, Transfer of suits.

Module IV Parties to a suit. Frame of Suit. Institution of suits; Pleading: Meaning, Object, General Rules, and Amendment of Pleading,

Plaint. Issue and Service of Summons.

Module V Written Statement. Appearance and Non-Appearance of Parties. Examination of Parties by the Court, Discovery

and Inspection. Admissions. Production, Impounding and return of Documents. First Hearing. Summoning and Attendance of

Witnesses, Affidavits.

Module VI Judgment and Decree-Judgment: Definition, Essentials, Pronouncement.

Module VII Contents and Alteration Decree: Definition, Essentials, Types, Drawing up of a Decree, Contents and Decree in

particular cases Interest, Costs.

Reference:

1. Dinshaw Fardauzi Mulla, Mulla’s Code of Civil Procedure, Lexis Nixis (18th Edn)

2. Sudipto Sarkar & V.R. Manohar, Sarkar’s Code of Civil Procedure (2 Vols), Lexis Nexis India (11th Edn)

3. Universal’s Code of Civil Procedure, 1908 (Bare Act)

4. C.K. Takwani, Code of Civil Procedure, Eastern Book Company, 2010 .

5. M.R. Malik, Ganguly’s Civil Court, Practice and Procedure, Eastern Law House, 2012.

6. M.P. Tandon, Code of Civil Procedure, Allahabad Law Agency, 2005.

7. Advocate KV Siva Prasad, the Limitation Act, 1963, MJS Publication, 2018.

Case Laws

1. Virender Nath v. Satpal Singh AIR 2007 SC 581

2. Ganga Bai v. Vijay Kumar, AIR 1974 SC 1126

3. Madan Gopal v. Mamraj Maniram, AIR 1976 SC 461

4. Ram Sarup v. Bishnu Narain Inter College, AIR 1987 SC 1242

5. Bhagwati Prasad v. Chandramaul, AIR 1966 SC 735

6. Laxmidas v. Nanabhai, AIR 1964 SC 11.

7. G.P. Srivastava v. R.K. Raizada, AIR 2000 SC 1221

8. State of Gujarat v. Jaipalsingh Jaswantsingh Engineers & Contractors (1994) 35 (1) Guj LR

INTERPRETATION OF STATUTES & PRINCIPLES OF LEGISLATION

Subject Code: BAL030A Maximum Marks 100

Module – 1 (i) Different Parts of Statutes

(ii) Classification of Statutes

(iii) Interpretation and Construction

(iv) Literal Interpretation

(v) Mischief Rule of Interpretation

(vi) The Golden Rule of Interpretation

(vii) Harmonious Construction

Module – 2 (i) The Statute should be read as a hole

(ii) Construction ut res magis valeat quam pereat

(iii) Identical expressions to have same meaning

(iv) Construction noscitur a sociis

(v) Construction ejusdem generis

Module – 3 (i) Construction expressio unius est exclusio alterius

(ii) Construction contemporanea expositio est fortissima in lege (iii) Beneficial construction

(iv) Strict construction of penal statutes

(v) Strict constructions of taxing (fiscal) statutes

Module – 4 (i) Interpretation of statutes in pari materia

(ii) Interpretation of amending statutes

(iii) Interpretation of consolidating statutes

(iv) Interpretation of codifying statutes

(v) Mandatory and directory enactments

(vi) Conjunctive and disjunctive enactments

Module –5 (i) Internal aids to interpretation

(ii) External aids to interpretation

(iii) Presumptions regarding jurisdiction

(iv) Commencement of legislation

(v) Repeal of legislation

(vi) Revival of legislation (vii) Retrospective operation statutes

Module – 6

Interpretation of the Constitution (i) Principle of implied powers

(ii) Principle of incidental and ancillary powers

(iii) Principle of implied prohibition

(iv) Principle of occupied field

(v) Principle of pith and substance

(vi) Principle of colourable legislation

(vii) Principle of territorial nexus

(viii) Principle of severability

(ix) Principle of prospective over ruling

(x) Principle of eclipse

Module – 7

(i) Principles of legislation - Principle of utility (Chapter-I)

- The Ascetic Principle (Chapter-II) - The Arbitrary Principle (or the principle of sympathy and antipathy) (Chapter-III)

- Different kinds of Pleasures and Pains (Chapter-VI)

(ii) Principles of the Civil Code – Objects of the Civil Law - Rights and obligations (chapter-I)

- Ends of Civil Law (Chapter-II)

(iii) Principles of the Penal Code - Classification of offences : subdivision of offences and some other divisions (Chapter-II &II)

- Punishments which ought not to be inflicted (Chapter-I)

- Proportion between offences and punishments (Chapter-II)

- The kinds of punishments (Chapter-VII)

JURISPRUDENCE-II


Aims and Objectives: The study of jurisprudence aids the lawyer in the analysis of legal concepts, sharpens their technique of logical thinking and aids

in understanding the assumptions upon which the statute rests. The course aims at developing an analytical approach to understand

the nature of law and working of a legal system. The objective is to acquaint the students with contemporary concepts and trends

in legal theory. Those concepts and methods of analysis of law which persons – the judges, lawyers and jurists encounters in the

course of their work are introduced.

Module I: Concept and Sources of Law- Definition and Kinds of Law - Various Sources of law - Legal and Historical Sources - Custom –

Definition of Custom – Kinds of Custom – General and Local Custom – Custom and Prescription - Requisites of a valid custom -

Legislation - Definition of legislation - Classification of legislation- Supreme and Subordinate Legislation - Direct and Indirect

Legislation - Precedent — Judge made laws –

Module II Definition of Precedent — Kinds of Precedent — Ratio Decidenti - Stare Decisis — Obiter Dicta - Original and Declaratory Precedents — Authoritative and Persuasive Precedents - When precedents become weak law- method of deriving judgments ,

inductive and deductive --- Relative merits and demerits of Legislation, Precedent and Custom as a source of Law.

Module III: Legal Status of Person - Definition and Nature of Personality - Legal Status of Unborn Children, Minor, Lunatic, Drunken, and

Dead Persons - Legal Status of Animals – Legal Persons - Legal Personality of State - Status of Corporate Personality – Theories

of Corporate Personality.

Module IV: Rights and Duties- Nature & Characteristics - Theories of Rights - Kinds of Legal Rights - Hohfeld’s Analysis of Legal Rights –

Duties – Nature & Characteristics – Classification of Duties - Correlation of Rights and Duties - Cognate concepts like Liberty,

Power, Immunity, Privilege etc.

Module IV: Ownership - Nature & Incidents of Ownership - Kinds of Ownership - Role of Ownership in Modern Times –

Module V Possession - Nature & Concept - Theories of Possession -Possession in Law & Possession in Fact - Kinds of Possession - Concept

of Property - Types

Module VI: Obligation-Definition and Nature of Obligation - Sources of Obligation

Module VII Liability - Definition and Nature - Kinds of Liability - Theories of Liability - General Conditions of Liability - Theories of

11Punishment - Retributive Theory - Deterrent Theory - Expiatory Theory - Reformative Theory - Rehabilitative Theory -

Constitutionality of Capital Punishment.

Selection Bibliography: 1. Bodenheimer, Jurisprudence – The Philosophy and Method of Law

2. Dias, Jurisprudence- Aditya Books (N.D.)

3. Dhyani, S.N. Jurisprudence- Fundamentals of Jurisprudence 4. Mahajan, V.D. Jurisprudence and Legal Theory

FAMILY LAW –II

Subject Code: BAL044A

Maximum Marks: 100


Family Law is the branch of law, which touches each and every individual of the society. It governs an integral part of the life of

the individual. In India we have a strange spectacle of personal laws. They owe their diversity to their varied origin, distinct

principles and the bulk of substantive law itself. The personal laws play a vital role in governing the conflicting interest of the

individuals. In India in personal matters there is no national or regional law. Personal law of a person is not determined by his

domicile or his nationality but by his membership of the community to which he belongs. Study of Family Law is Unique. It is not

like the rest of the civil laws. It lacks uniformity in application. It covers an enormous area of domestic relations such as marriage,

matrimonial remedies, legitimacy of children, custody, guardianship, adoption, intestate and testamentary succession etc. so

because of compulsion the sheer bulk of Family Law in divided into two as family Law-I and Family Law – II.

In India persons belonging to different religious communities live together and each community have their own personal law.

Therefore the courts enforce different personal laws for different individuals depending on the religion to which he belong. The

Hindus are governed by the Hindu Law. The Muslims are governed by Muslim Personal law. The other religious communities

have their own Personal Law. Personal law of one religious community cannot be applied to persons belonging to another religious

community.

The course is designed to analyze the presence of different personal laws for different community to and to discuss in detail the

personal laws of Hindus and Muslims.

Module I: Origin, Source and Schools

Origin and development of Islam,

Sources of Muslim Law

Schools of Muslim Law

Module II: Muslim marriage

Nature of Muslim Marriage

Capacity to Marry

Classification & legal effects of different kind of marriages

Marriages between Hindus and Non-Hindus in relation to Special Marriage Act

Dower: Definition, nature and classification of dower

Module III: Dissolution of marriage

Classification of dissolution of marriage,:Talaq, Talaq-ul-sunnat, Talaq-ul-biddat, Illa, Lien, Mubarat, Khula, Talaq-e-

Tafweez, Fisq,

Dissolution of Muslim Marriage Act 1939.

Module IV: Maintenance

Provisions Under Muslim Woman (Right on Divorce) Act, 1986

Maintenance of neglected wives, divorced wives, minor children, disabled children and parents who are unable to support

themselves under the code of Criminal Procedure 1973.

Module V:Minority and Guardianship under Muslim law

Classification of Guardians

Powers and Functions of Guardians

Module V: Inheritance under Muslim Law

Sources of Succession under Muslim Law

Various Theories and Doctrines of Inheritance

Distribution of the Property among successors

Non-Testamentary and Testamentary succession under Muslim law

Female and Widows Rights of Succession

A Child in the Womb

Wakf: Kinds of Wakf

Module VI: Will and Gift

Concept of will under Muslim Law

Concept of gift under Muslim Law

Module VII: Miscellaneous

Special Marriage Act: Who and how a person can marry under the Act.

Right to Property to people who marry under special Marriage Act.

Law Relating to Succession Certificate Under Indian Succession Act

Latest trends in Succession

Important Provisions of Family Court Act

Concept related with Uniform Civil Code

List of Cases:

1. Mohd. Ahmed Khan vs Shah Bano Begum And Ors 1985 SCR (3) 844

2. Danial Latifi and another v. Union of India (2001) 7 SCC 740.

3. Shamim Ara v. State of U.P. (MANU/SC/0850/2002)

4. Shayaya Bano v.UOI 1985 (2) SCC 556

5. Shamim Ara v. State of UP Manu/SC/0850/2002

6. K.V. Narayana v. K.V. Ranganathan, AIR 1976 SC 1715

7. Commissioner of Wealth Tax v. Chandersen, AIR 1986 SC 1754

8. Raghavamma v. Chanchamma, AIR 1964 SC 136

9. BSLmukund v. Kamlawati, AIR 2006 SC 3282

10. Anar Devi & others v. Parmeshwari Devi & others, AIR 2006 SC 3332

11. M/s Bay Berry Apartments Pvt. Ltd. & Anr v. Shobha & ors, AIR 2007 SC 226

12. Gurupad v. Hirabai, AIR 1978 SC 1239

13. Ritu Dutta & Anr v. Subhendu Dutta, AIR 2006 SC 189

14. Sharad Subramanyam v. Saumi Mazumdar & Ors, AIR 2006 SC 1993

15. Bhogadi Kannababu & Ors v. Vuggina Pydamma, AIR 2006 SC 2403


1. Myneni,S.R., Muslim Law, Asia Law House, 2015.

2. Mulla, Principles of Mohammedan Law, 20th Edition, Lexis Nexis, 2014. 3. Fyzee, Asaf AA. Outlines of Mohammedan Law, Universal Law Publishing Co.Pvt. Ltd., 2008.

4. Saxena, Poonam Pradhan, Family Law II, 3rd Edition, Lexis Nexis, 2015.

5. Mulla, Mohammedan Law Digest, Vinod Publications, 2016.

6. Ahmed, Aqil, Mohammedan Law, 25th Edition, Central Law Agency, 2015.

COMPANY LAW II


Aims and Objectives: Industrialisation plays a very vital role in the economic development India. In the post-independence era, the industrial regulation

is employed as a principal means in the strategy for attaining constitutional values. Companies are no doubt powerful instruments

for development. Besides bringing and financial benefits to the capital and labour they help amelioration of the living conditions of

masses. In a developing society like India, vast varieties of consumer goods are manufactured or produced and different kinds of

public utility services are generated both for general welfare and consumption purposes. Obviously, it is beyond the capacity of

one or a few entrepreneurs to engage into such activities. Because the problem of raising large capital needed for such enterprises,

there is a looming danger of market risks. Hence, taking recourse to the device of incorporation is the only efficacious way to

surmount on such hurdles.

This course comprises of seven units of eight-hour duration. Each unit is further divided into two parts.

Module – 1 (a) Shares:

(i) Allotment of Shares

(ii) Transfer of shares

(b) Call, forfeiture, surrender of shares

Module – 2 (a) Debentures

(b) Kinds of debentures

Module – 3 (a) Directors

(i) Position

(ii) Appointment (iii) Removal

Module – 4 (a) Powers of Directors

(b) Duties of Directors

Module – 5 (a) Meetings

(i) Statutory meeting

(ii) Annual General meeting

(iii) Extraordinary General meeting

(iv) Procedure and requisite of a valid meeting

(b) Majority powers and Minority Rights.

(i) Fule in Foss v. Harbotile

(ii) Exceptions

Module – 6 (a) Prevention of oppression

(b) Prevention of Micromanagement

Module – 7 (a) Winding up of companies

(i) By Court

(ii) Voluntary Winding up

- Members’ voluntary winding of

- Creditors voluntary winding of

Judgments 1. Corporation of India v. Escorts Ltd. (1986) comp. cas. 548

2. New horizons ltd another v. Union of India (1995) comp.L.J. 100(SC)

3. Lakshmanaswami Mudaliar v. HC, AIR 1963 SC 1185

4. Raymonds synthetics ltd. v. Union of India (1992) 73 comp. cas. 762 (SC)

5. ICICI ltd v. Srinivas agencies (1996) (2) SCALE 774 (SC)

6. Union of India v. Shalimar works ltd. (1987) comp.cas. 664 7. Bajaj Auto ltd. v. N.K. Firodia & ors, AIR 1971 SC 321

8. Unity company v. Diamond suger mills, AIR 1971

9. M/s. Madhusudan Goverdhan Das and Company v. Madhav Wollen Industries Ltd., AIR 1971 SC 2600

10. Shanti Prasad Jain v. Kalinga Tubes LTD, AIR 1965 SC 1535

Suggested Readings 1. S.M. Shan : Lectures on Company Law, N.M. Tripathi, Mumbai

2. Avtar Singh : Company Law, Eastern Book Co., Lucknow 3. Taxmans : Company Law and Practice.

4. A.Ramaiya : Guide to Companies at, Wedhwa

5. S.M. Shaw : Lectures on Company Law, Tripathi, Mumbai

6. Topham and Lvamy: Company Law, Butterworth

7. L.C.B. Gower : Principles of Modern Company Law, Sweet and Maxwell, London

8. Palmer : Plmers Company Law, Stevans London

HEALTH LAW (MEDICAL JURISPRUDENCE)


Medical jurisprudence and toxicology is a very important subject and it has extensive application in daily crime

investigation and the lowest to the highest court of law of the land in the dispensation of justice.

So this syllabus of Medical Jurisprudence is divided in 7 units.

Module -1

1. Definition and scope of Medical Jurisprudence, medical ethics.

2. Examination of body fluid- blood, semen, saliva, sweats etc.

Module -2

1. Parts of human body,

2. Human injuries –

(i) mechanical- blunt, sharp-edged, pointed sharp edged, firearm, (ii) thermal- heat,

(iii) Regional Injuries

(iv) physical- electric, lightening, radiation

(v) legal- simple, grievous,

Module -3

1. Death and its modes, Medico-legal aspects,

2. Post mortem examination – aims and objectives

Module- 4

Post mortem changes-

1. Earliest changes, Post mortem staining, rigor mortis,

2. Cadaveric spasm, putrefaction, mummification, adipocere formation,

Module -5

Death due to asphyxia-

1. Hanging, strangulation,

2. Suffocation, drowning,

Module -6

Toxicology- classification of poisons,

1. Corrosives- strong acids and alkalies,

2. Irritant – Inorganic, Organic, Mechanical,

3. Systemic-cerebral, spinal cord, cardio-vascular system,

4. Miscellaneous,

Module-7

1. Decomposed bodies and other legal aspects,

2. Exhumation and governing rules,

Suggested readings 1. Modi’s Medical Jurisprudence and toxicology

2. Dr. B. V. Subrahmanayam’s Medical Jurisprudence and toxicology

3. Dr. R.M. Jhala and V.B. Raju’s Medical Jurisprudence

4. Principles of Forensic medicine including toxicology by Dr. Apurba Nandy

5. Parikh’s textbook of medical jurisprudence , forensic medicine and toxicology

6. Forensic science in criminal investigation and trials by Dr. B.R. Sharma

CODE OF CIVIL PROCEDURE-II (CPC-II) and & LIMITATION

ACT


Aims and Objectives To make student acquaint about the civil procedure.

To make them understand the stages of a civil suit.

To make them aware about various procedural rights.

Module I Execution General s 37-45,O XXI,

Module II Modes of Execution s51,s54,s145,O XXI,

Module III Question Determination s47, Arrest & Detention s51-59,O XXI,

Module-IV Attachment s60-64,O XXI, Adjudication of Claims O XXI, Sale & Delivery of Property s65-74 O XXI, Distribution of Assets s73,

MODULE V First Appeal s96-99,s107,O XLI, Second & Other Appeals s100-112,O XLII-XLV,

MODULE VI Reference, Review, Revision, Interim Orders O XXIV-XVI,O XXXVII-XXXIX,s75-78, Withdrawals & Compromise O XXIII,

Incidental Proceedings O XXII,s75-78, Special Suits s79-93,O XXVII-XXXVII, Restitution s144,Caveat s148 A, Inherent Powers

s148-153 A,

Module VII The Limitation Act 1963.

Reference/Text Books:

1. Ray, Sukumar, Textbook on the Code of Civil Procedure, 3rd edn., Universal Publication, 2015

2. Jain, M P., The Code of Civil Procedure, 4th edn., Lexis Nexis, 2016

3. Mulla, The Code of Civil Procedure in 3 vols., 18th edn., Lexis Nexis, 2016

4. Mulla, The Key to Indian Practice (A Summary of the Code of Civil Procedure) 11th edn., Lexis Nexis, 2016

5. C.K.Takwani, Code of Civil Procedure and Limitation Act, Universal Publication, 2016

Bare Act The Code of Civil Procedure, 1908

Case Laws

1. Virender Nath v. Satpal Singh AIR 2007 SC 581

2. Ganga Bai v. Vijay Kumar, AIR 1974 SC 1126

3. Madan Gopal v. Mamraj Maniram, AIR 1976 SC 461

4. Ram Sarup v. Bishnu Narain Inter College, AIR 1987 SC 1242

5. Bhagwati Prasad v. Chandramaul, AIR 1966 SC 735

6. Laxmidas v. Nanabhai, AIR 1964 SC 11.

7. G.P. Srivastava v. R.K. Raizada, AIR 2000 SC 1221

8. State of Gujarat v. Jaipalsingh Jaswantsingh Engineers & Contractors (1994) 35 (1) Guj LR

9. Babbar Sewing Machine Co. v. Triloki Nath Mahajan, AIR 1978 SC 1436

10. Sardar Govindrao v. Devi Sahai, AIR 1982 SC 989

11. Premraj Mundra v. Mohd. Maneck Gazi, AIR 1951 Cal 156

LABOUR LAW - I


Course Objectives: To make students aware about key concepts of labour law and labour legislations.

Module – 1 The Industrial Disputes Act, 1947

(a) Historical Development of Industrial Disputes, Legislation in India.

(b) Object, scope and reasons

(c) Definition of important terms.

Module – 2 (a) Various modes of Settlement of disputes under I.D. Act, 1947

(b) Voluntary Arbitration and compulsory Adjudication

Module – 3 (a) Strike and Lock-out

(b) Lay off and Retrenchment

Module – 4 The Trade Union Act, 1926

(a) (i) Definitions

(ii) Registration of Trade Unions

(b) (i) Rights and Liabilities of Registered Trade Unions.

(ii) Recognition of Trade Unions

Module – 5 The Minimum Wages Act, 1948

(a) (i) Concept of Wage.

(ii) Minimum, Fair and Living Wages

(b) Fixation and revision of minimum wages

Module – 6 Maternity Benefits Act, 1961

(a) Nature of benefits, eligibility, other privileges available

(b) Portraiture, Role of Inspectors.

Module – 7 The Payment of Bonus Act, 1965

(a) Concept and basis for the Calculation of Bonus

(b) Eligibility and disqualification for Bonus.

Suggested Readings 1. Vaid K.N. : Labour Welfare in India

2. Kothari G.L. : Wages Dearness Allowances and Bonus

3. Chopra D.S. : Payment of Bonus Act, 1965

4. Misra S.N. Labour and Industrial Laws

5. Srivastava K.D. : Commentary on Industrial Disputes Act, 1947 6. Srivastava K.D. : Commentary on Minimum Wages Act, 1948

7. Srivastava K.D. : Commentary on Trade Union Act, 1926

8. Seth D.D. : Commentary on Industrial Disputes Act, 1948

9. O.P. Malhotra : The Law of Industrial Disputes

10. O.P. Malhotra : Law of Industrial Disputes

11. Bagri – Industrial Disputes Act.

12. Pair : labour Law in India.

Case laws:

1. Bangalore Water Supply and Sewerage Board V.A.Rajjapa AIR 1978 SC 548.

2. General Manager, Telecom V.A.Srinivasa Rao 1997 (8) SCC 767

3. Coir Board Eranakulam V.Indira Devi PS (I), AIR 1998 SC2801.

4. State of U.P. V.J.P.Singh (2005) 5 SCC1.

5. Gujrat SteelTubes Ltd V.Gujrat Steel Tubes Mazdoor Sabha (1980) 2 SCC 593.

6. B.R.Singh V. Union of India (1989) 4 SCC 710.

7. Syndicate Bank v.K.Umesh Nayak (1994) 5 SCC 572. 8. Jay Engineering Works V.State of West Bengal, AIR 1968 Cal 407 (SB).

ALTERNATIVE DISPUTE RESOLUTION


Objectives of the course The major concern of law is dispute resolution. Familiarization with the modalities of resolution of conflict is a necessary component in the efforts of developing expertise in juridical exercise. The traditional justice delivery system through adjudication by the court had already given way to a large extent to many alternative modes of dispute resolution in the common law countries. The study of ADR is highly significant in molding the student of law to act as soldiers of justice. The course aims to give the student an insight into the processes of arbitration, conciliation and mediations in areas where the traditional judicial system had its way in the past and in the new areas of conflicts that demand resolution by alternative methods. The course has to be taught with comparative and international prospective with a view to bringing out the essential awareness of the national and international systems of resolving he disputes.

Module – 1 (a) i. Meaning of dispute, Necessity of Dispute Resolution

ii. Mechanism of Dispute Resolution, ADRs and their impotence

(b) i. Alternatives to Judicial Process, Negotiation, Mediation, Compromise, Conciliation

ii. Arbitration, Lok Adalats, Panchayats

iii. Distinction between ADR & Judicial Dispute Resolution

Module –2 (a) i. Historical background of Arbitration in India

ii. The Arbitration Act, 1940 & its short comings

(b) i. UNCITRAL Model Law

ii. Historical Background of Arbitration & Conciliation Act, 1996

ii. Aims and objects of Arbitration and Conciliation Act, 1996

Module – 3 (a) i. Concept of Arbitration, Kinds of Arbitration, International Commercial Arbitration

ii. Arbitration Agreement, Essentials, Validity, Reference to Arbitration, Interim Measure by Court

(b) i. Arbitration Tribunal – Composition, Jurisdiction, Appointment

ii. Challenge to appointment, Powers

iii. Procedures and Court Assistance

Module – 4 (a) i. Conduct of arbitral proceedings

ii. Arbitral award-forms and contents, ground of validity of award

iii. Corrections and Interpretations, nature and contents of award. Form of award. Grounds of

setting aside an award (b) i. Finality of arbitral award

ii. Enforcement of an award

iii. Appeals and Revision, costs.

Module – 5 (a) i. Foreign Arbitral Award

ii. Enforcement of Foreign Awards

(b) i. New York convention, 1958

ii. Geneva Convention, 1928

Module – 6 (a) i. Conciliation-appointment, Communication, Role of Conciliator

ii. Termination of Conciliation Proceedings

iii. Nature of Awards Costs.

(b) i. Conciliation proceedings in CPC

ii. Conciliation proceedings under Industrial Dispute Act

iii. Conciliation in Family Disputes

Module – 7 (a) i. Legal Services Authorities Act

ii. Formation of Lok Adalats, Enforcement of Awards

(b) i. Role of NGOs in Dispute Settlement

ii. Settlement of International Disputes by Peaceful means.

JUDGMENTS 1. Bombay Gas Company v. Parmeshwar Mittal, AIR 1998 Bom. 118

2. amil Nadu Electricity Board v. Bridge Tunnel Construction, AIR 1997 SC 1376

3. M/s ITI limited Allahabad v. Distt. Allahabad AIR 1998 All. 318

4. Grid Corporation of Orissa ltd. v. Indian Charge Chrome ltd. AIR 1998 SC 1761

5. Kulbir Singh Rattan Sing v. New Delhi Municipal Council, AIR 1998 Del 230

6. M.M.T.C. Ltd v. Sterlite industries Ltd., AIR 1997 SC 605

7. K.K. Modhi v. K.N. Modhi, AIR 1998 SC 1297

8. Indian Oil Corporation Ltd. v. Kiran Construction Co., AIR 2003 Del. 282

9. Oil and Natural Gas Commission v. Saw Pipes, AIR 2002 SC 2629

10. NTPC v. Singer Company, AIR 1993 SC 998

Books Referred 1. Law of Arbitration and Conciliation – S.K. Roy Choudhary, H.K. Saharay

2. Arbitration & Conciliation – S.C. Tripathi

3. Alternative Dispute Redressal System – S.R. Maini

4. Law of Arbitration P.M. Bakshi

5. Arbitration & Conciliation - Avtar Singh

6. The Arbitration & Conciliation Act, 1996 7. The Legal Services Authorities Act, 1987

INTELLECTUAL PROPERTY RIGHTS


Aims and objective

To introduce fundamental aspects of Intellectual property Rights to students who are going to play a major role in

development and management of innovative projects in industries. To disseminate knowledge on patents, patent regime in

India and abroad and registration aspects. To disseminate knowledge on copyrights and its related rights and registration

aspects To disseminate knowledge on trademarks and registration aspects To disseminate knowledge on Design,

Geographical Indication (GI), Plant Variety and Layout Design Protection and their registration aspects To aware about

current trends in IPR and Govt. steps in fostering IPR

Module -I Introduction

Origin and Genesis of IPR,

Theories of IPR – Locke’s, Hegel and Marxian

Ethical, moral and human rights perspectives of IPR.

Module-II

Intellectual Property Rights: International Relevance

a. Internationalization of IP protection – Paris Convention, Berne Convention, TRIPS

b. Agreement – basic principles and minimum standards – limits of one-size-fit for all

c. flexibilities under TRIPS.

Module -III

Copyright Act, 1952

Copyright protection with reference to performers rights and Artist rights

Module-IV

Trade Marks Act: Legal recognition, Comparative analysis in India, EU and USA

Trade secrets : Legal recognition, Comparative analysis in India, EU and USA.

Module-V

Patent Act,

Global governance towards Patents

Patent Filing and procedure

Module VI

Intellectual Property: Contemporary Trends

Benefit sharing and contractual agreements – International Treaty on Plant Genetic Resources for Food and Agriculture,

issues on patent policy and farmers’ rights- CBD, Nagoya Protocol and Indian law

Module VII

Geographical Indicators, Design as an IPR,

UNESCO – protection of folklore/cultural expressions, Developments in WIPO on traditional knowledge and traditional

cultural expressions.

A. Text Books / Reference Books :

1. Cornish,W. & Llewelyn – Intellectual Property: Patent, Copyrights, Trade Marks & Allied Rights”, 8th

Edition, London Sweet & Maxwell, 2013.

2. Singh R., Law relating to intellectual property (A complete comprehensive material on intellectual

property covering acts, rules, conventions, treaties, agreements, case-Law and much more), Vol. 1.

New Delhi: Universal Law Publishing Co. Pvt. Ltd; 2004.

3. Sarma, Rama, Commentary on Intellectual Property Laws, Volume 2, Lexis Nexis, 2009.

4. Carlosm Correa- Oxford commentaries on GATT/ WTO Agreements trade related aspects of Intellectual

Property Rights, Oxford University Press, 2007.

Case Law-

1. H&M Hennes & Mauritz AB & Anr. v. HM Megabrands Pvt. Ltd. & Ors. CS (Comm) No. 707 of 2016

2. Arun Chopra v. Kaka-Ka Dhaba Pvt. Ltd. and Ors. CS (Comm) No. 728 of 2018 3. Carlsberg Breweries v. Som Distilleries and Breweries LimitedCS (Comm) No. 690 of 2018

4. Crocs Inc Usa v. Bata India Ltd & OrsAO (OS) (COMM) 78/2018 & CM APPL. 17358-61/2018

5. Bajaj Auto Limited Vs. TVS Motor Company Limited JT 2009 (12) SC 103

6. Bayer Corporation Vs. Union of India 162(2009) DLT 371

7. Clinique Laboratories LLC and Anr. Vs. Gufic Limited and Anr. MANU/DE/0797/2009

8. Novartis v. Union of India [CIVIL APPEAL Nos. 2706-2716 OF 2013 (ARISING OUT OF SLP(C) Nos. 20539-20549

OF 2009]

http://www.lexisnexis.in/rama-sarma-commentary-on-intellectual-property-laws-volume-2.htm

LAW OF PROPERTY


Aims and Objective The Transfer of Property Act, 1882 contains the general principles of transfer of property and detailed rules with respect to specific

transfer of immovable property by sale, exchange, mortgage, lease and gift. The present course will cover a study of important

terms relevant to transfer of property, meaning of ‘transfer’ under the Act, general principles relating to transfer of property and

definitions and rules relating to specific transfers of immovable properties by mortgage, lease and gift.

Module-I

Concept and Meaning of property,

Scope, Object and Scheme,

Kinds of property: Movable, Immovable property, Tangible and Intangible, Intellectual Property: copyright, patents,

designs and trademarks.

Module-II

Law relating to registration of documents affecting property relations,

Documents of which registration is compulsory.

Module-III

Transfer of Property Act 1882:

Attestation, Notice, Actionable Claim, Transfer of Property,

What may be transferred,

Persons competent to transfer,

Operation of transfer, Oral transfer,

Conditions restraining Alienation, Enjoyment.

Transfer for the benefit of unborn person,

Direction for accumulation,

Vested and Contingent interest, Conditional Transfers.

Condition precedent, Condition subsequent and Collateral conditions.

Module-IV

Doctrine of Election,

Doctrine of lis pendens,

Fraudulent Transfer,

Doctrine of part performance.

Sale: Definition, Rights and Duties of seller and buyer.

Module-V

Lease: Definition, Duration, lease making,

Right and Liabilities of lessor and lessee,

Determination of lease, Waiver of forfeiture, Waiver of notice to quit,

Relief against forfeiture for non-payment of rent and in, certain other cases,

Effect of holding over,

Exemption of leases for agriculture purposes.

Module-VI

Mortgage: Kinds, Mortgage by assurance,

Rights and liabilities of mortgagor and mortgagee,

Marshalling,

Contribution and Charge,

Person who may sue for redemption,

Subrogation,

Gift: Definition, Suspension or Revocation, Onerous Gift.

Easement: Definition, Types, Creation, Suspension,

Revival. Licenses: Creation, Suspension, Transfer and Revocation.

Module-VII

Benami Transactions Act and latest Amendments.

CASE LAWS-

1. Yashpal Lala Shiv Narain vs Allatala Tala Malik Waqf Ajakhan ... on 22 December, 2005

2. Parsi Panchayat Surat Through Its ... vs State Of U.P. And Another on 31 October, 2019

3. Vodafone International Holdings ... vs Union Of India & Anr on 20 January, 2012

4. Shri Manoj Aggarwal, Bemco ... vs Dcit on 25 July, 2008

5. Kalipada Mukerji vs Basanta Kumar Dutta And Ors. on 1 April, 1931

6. Kulbir Singh Rattan Sing v. New Delhi Municipal Council, AIR 1998 Del 230

7. M.M.T.C. Ltd v. Sterlite industries Ltd., AIR 1997 SC 605

Text/Reference Books:

1. Srivastava, Ashish Kumar. Property Laws, Lexis Nexis, 2015.

2. Mulla, Transfer of Property Act, 11th Ed., Universal, Delhi, 2013.

3. Sarathi, VP.,Transfer of Property (1995), 6th Ed., Eastern Book Depot, Lucknow, 2017.

4. Shukla, S N., Transfer of Property Act, 26th Ed., Allahabad Law Agency, Allahabad, 2015.

5. Rao, Subba GCV.Law of Transfer of Property (Easement Trust and Wills), 2 vol., ALT Publication, 2012.

6. Gujar, Suryakant Mahadev. Lectures on Property Laws (Transfer of Property Easement and Equity), Lawmann Academic

Series, Kamal Publishers, 2017.

https://indiankanoon.org/docfragment/109798082/?formInput=case%20on%20transfer%20of%20property%20act%20RECENT




TAXATION LAW-I (INCOME TAX ACT, 1961)


Aims and Objectives of the Course The power to tax is an incident of sovereignty; and since the Constitution of India is the supreme law of the land, all other laws,

including the Income-tax Act, are subordinate to the Constitution and must be read and interpreted in the light of the constitutional

provisions. In India Cement Ltd. v. State of Tamil Nadu, a seven-judge Bench of the Supreme Court observed that the Constitution

is the mechanic/sm under which the laws are to be made and not merely an Act which declares what the law is to be one of the

most important provisions of the Constitution relating to taxation is art 265, which provides. No tax shall be levied or collected

except by authority of law. Therefore, not only the levy but also the collection of a tax must be under the authority of some law.

Law means law enacted by a competent legislature and cannot include an executive order, or a rule without express statutory

authority, or a custom. Thus, any act of the state that seeks to impose a tax without legislative authority will be void.

The following syllabi prepared with this prospective in view comprise of about 7 units of 4 hours each

Income Tax Act 1961 1. Concepts and Definition:-

i. Certain Important Definition ii. Basis of Charge

iii. Residence of Assessee

2. Computation of Total Income (Part-A)

i. Salaries

ii. Income from House Property

iii. Income from other Source

3. Computation of Total Income (Part – B)

i. Profits & gains from Business or Profession

ii. Capital Gain

4. Clubbing & Aggregation of Income

5. Set off or Carry forward and set off

6. Exemption / Deductions: i. Exempted Income

ii. Deduction from total income

iii. Deduction in respect of payments

iv. Deduction in respect of certain income

7. Procedure for assessment:

i. Filing of return

ii. Assessment and Re-assessment

iii. Rectification of mistake

iv. Appeals and Revision

List of Cases

1. Travanco Tea estate co. Ltd. v. Commissioner of income tax ITR 154 (1985)

2. Sutlej Cotton Mills Ltd appellant Commissioner of income tax (vc) to ITR 1991

3. Hindustan Steel Ltd. v. State of Orisa 25 S T C 211 (SC)

4. CIT v. T Abdul Wahid and Company 55 S T C 561 (SC)

5. ITC Ltd v CIT Delhi 35 S T C 456 (SC)

6. CIT v Shitaldas Tirathdas

7. Mutuality Banglore Club v CIT

8. CIT v NC Buddhiraja 12 S T C 345 (SC)

9. Income tax appeal 585 of 2005 (O.M.) Ashok Kumar Gupta v. Commissioner of income

tax 10. Income tax act (2006) 31 Rep 166 ITAT Amritsar Chitty Co. operative society Pathankot income tax officers ward I

Pathankot

11. ITA/185/2006 DATED 18.8.2006 Commissioner of Income Tax v. Glocom IncompleteLtd

Books Recommended 1. Gupta, RR- Income Tax and Practice

2. Kanga & Palkiwala – The Law and Practice of Income Tax

3. Income Tax Act – A.K. Saxena (English & Hindi).

ADMINISTRATIVE LAW


Aims and Objectives Public authorities are vested with vast powers and therefore it is important to keep a check upon them while they perform their functions. Administrative law is the source of such control. This course is designed to make student aware about the importance

and scope of administrative law.

Module I: Introduction: Evolution, Nature and Scope of Administrative Law

Evolution, Nature and Scope of Administrative Law

Laissez-faire State, Social Welfare State, and Modern State

Comparative evolution

French Administrative Law-Droit Administratif and Administrative Courts of Canada, Switzerland and Germany

Definition, Nature and Scope Administrative Law

Relationship between Administrative Law and Constitutional Law

Module II: Fundamental Doctrines of Administrative Law

Classification of Functions

Doctrine of rule of Law

Doctrine of Separation of Powers

How these doctrines influence Administrative Law?

Module III: Delegated Legislation Concept of Delegated Legisaltion

Reasons for the Growth and Development

Classification- Title based and Purpose based

Comparative position –UK; USA; India

Constitutionality of Delegated Legislation

Excessive Delegation- Constitutional Limits

Control of Delegated Legislation- Parliamentary, Procedural and Judicial Controls

Module IV: Natural Justice Concept and Applicability- Administrative Action or Quasi-Judicial Action?

nemo judex in causa sua -Rule against bias

Exception in Doctrine of Necessity and Doctrine of Absolute Necessity

audi alteram partem- Right to be heard Requirements of Natural Justice

Reasoned decision & Right to legal Representation

Expanding Horizon of Natural Justice

Duty to Act Fairly

Exclusion of Natural Justice.

Exceptions to Principles of Audi Alteram Partem

Effect of failure to Comply with Principles of Natural Justice- void or voidable

Post decisional Hearing

Module V: Administrative Discretionary Powers Discretionary powers

When an authority can exercise discretion?

Judicial Control over administrative discretion

Abuse of discretion and Non exercise of discretion

Fundamental Right violation and exercise of administrative discretion

Reasonable Exercise of Power and Wednesbery Principle

ModuleVI: Judicial Review of Administrative Action and Administrative Adjudications

Grounds of Judicial Review of Administrative Action

Writ Jurisdiction

Doctrine of Legitimate expectation

Doctrine of public accountability

Doctrine of proportionality

Laches

Concept of administration adjudication

Article 323 (A) and Article 323(B) of Constitution of India

Reason for the growth of Tribunals

Administrative Tribunals

Powers and Functions of Administrative Tribunals

Module VII: Maladministration & Alternative Remedies and Government as a Litigant

Concept and Need

Ombudsmen in India-Lakpal

Lakayukta in States

Central Vigilance Commission

Ombudsman

Right to Information

Development of the concept of state liability

Privileges of Government

Doctrine of Estoppels and Waivers

Tortious liability

Contractual liability

A. Text/ Reference Books:

1. Basu Durga Das, Administrative Law, 6th ed.; Kamal Law House, Kolkatta, 2005.

2. Craig Paul, Administrative Law; 5th ed.; Thomson Sweet & Maxwell, 2008.

3. De Smith’s Judicial Review of Administrative Action; 6th ed.; Sweet & Maxwell, 2007.

4. Elliot Mark, Beatson, Mathews, and Elliot’s Administrative Law Text and Materials; 3rd ed.; Oxford, 2007.

5. Jain M.P& Jain S.N, Principles of Administrative Law; 5th ed.; Wadhwa Nagpur, 2009.

6. Jain M.P& Jain S.N, Principles of Administrative Law; 6th Enlarged ed.; Vol. I &II; Wadhwa Nagpur, 2010.

7. Jain M.P, Indian Administrative Law: Cases and Materials; Vol. I.1994, Vol. II 1996; Wadhwa and Company Nagpur,

1994, 1996.

8. Jain M.P, Treatise on Administrative Law; 1996 ed.; Wadhwa and Company Nagpur, 1996.

9. Kagzi M.C.J, The Indian Administrative Law; 6th ed.; Universal, 2002.

10. Kesari U.PD, Administrative Law; 17th ed.; CLP, 2008.

11. Massey I.P, Administrative Law; 7th ed.; EBC, 2008.

12. Sathe S.P, Administrative Law, 7th ed.; LexisNexis Butterworths Wadhwa Nagpur, 2008.

13. Stott, David & Felix, Alexandra, Principles of Administrative Law; 1st ed.; Cavendish Publishing Limited, 1997.

14. Takker C.K, Administrative Law; 2nd ed.; EBC, 2012

15. Takwani C.K, Lectures on Administrative Law; 4th ed.; EBC, 2011. 16. Wade H.W.R & Forsyth C.F, Administrative Law; 10th ed.; Oxford, 2009.

List of cases 1) In Re Delhi Laws Act, AIR 1951 SC 332.

2) Kerala state Electricity Board v. Indian Aluminium Company, AIR 1976 SC 1031.

3) Inder Singh v. State of Rajasthan, AIR 1957 SC 510.

4) Raj Narain Singh v. Chairman, Patna Administration Committee, AIR 1954 SC 569.

5) Hari Shankar Bagla v. State of MP, AIR 1954 SC 465.

6) Edward Mills v. State of Ajmer, AIR 1955 SC 25.

7) Jalan Trading Company v. Mill Mazdoor Sabha, AIR 1967 SC 691.

8) Gammon India Limited v. Union of India, AIR 1974 SC 960.

9) Shama Rao v. Union Territory of Pondicherry, AIR 1967 SC 1480.

10) Gwalior Rayon Silk Mfg. (Wvg) Company Ltd. v. Assistant Commissioner of Sales Tax, AIR 1974 SC 1660.

11) N.K. Papiah v. Excise Commissioner, AIR 1975 SC 1007.

12) Jan Mohammad v. State of Gujarat, AIR 1966 SC 385. 13) Atlas Cycle Industries Ltd. v. State of Haryana, AIR 1979 SC 1149.

14) Harla v. State of Rajasthan, AIR 1951 SC 467.

15) 14. Union of India v. Cynamide India Ltd, AIR 1987 SC1802.

16) Hamdard Dawakhana v. Union of India, AIR 1960 SC554.

17) State of Tamil Nadu v. Sabanayagam, (1998) 1 SCC 318.

18) Express News Paper Pvt. Ltd v. Union of India, AIR 1958 SC 578.

19) Chintamon Rao v. State of MP, AIR 1951 SC118.

20) Corporation of Calcutta v. Liberty Cinema, AIR1965 SC 1107.

21) Dwaraka Prasad v. State of UP, AIR 1954 SC118.

22) Delhi Transport Corporation v. D.T.C. Mazdoor Congress, AIR 1991 SC 101.

23) Omprakash v. State of UP, (2004) 3 SCC 402.

24) NarendraKumar v. Union of India, AIR 1960 SC 430.

25) Municipal Corporation of Delhi v. Birla Cotton Mills, AIR 1968 SC 1232.

26) K.T. Plantation Pvt. Ltd. and Anr. v.State of Karnataka, AIR 2011 SC 3430.

27) State of Rajasthan and Ors. v. Sanyam Lodha, (2011)13SCC262.

28) State of U.P. and Ors. v. Mahindra and Mahindra Ltd., MANU/SC/0519/2011.

29) State of Haryana and Ors. v. Mahabir Vegetable Oils Pvt. Ltd,(2011)3SCC778.

30) State of Tamil Nadu & Ors. v. K. Shyam Sunder &Ors., AIR 2011 SC 3470.

LABOUR LAW – II


Objectives: To understand key concepts of labour law and labour legislations.

Module – 1 Concept and Philosophy of Labour Welfare

(a) Theories of Labour Welfare

(b) Role of Labour Welfare Officers and Trade Unions

Module – 2 The Child Labour Prohibition and Registration Act, 1986

(a) Definitions

(b) Prohibition of Employment of Children in certain occupations and processes.

Module – 3 The Factories Act, 1948

(a) (i) Definition and concept of factory

(ii) Manufacturing process

(b) Provisions relating to health, safety and labour welfare

Module – 4 (a) Working hour’s leaves and Holidays under F.A., 1948

(b) Protection to Women and Children

Module – 5 The Payment of Wages Act, 1936

(a) Definitions

(b) Payment of Wages and deductions from wages.

Module – 6 International Labour Organisation

(a) Aims, Objectives, origin and development (b) Constitution and organs

Module – 7 Ratification of I.L.O. Convention by India, reasons of non ratification

Suggested Readings : 1. Misra S.N. : Labour and Industrial Law

2. Srivastava K.D. : Commentary on Factories Act, 1948

3. Dhyani S.N. : I.L.O. and India.

4. Chopra D.S. : Payment of Wages Act

5. Report of National Commission Labour

6. K.A. Vaid : Labour Welfare in India

7. Moorthy :Principles of Labour Welafare.

8. Johnson : I.L.O.

Case Laws 1. Bokajan Cement Corporation Employees V.Cement Corporation of India Ltd AIR 2004 SC245.

2. O.K.Ghosh V.Ex Joseph, AIR 1963 SC 812. 3. Rookes V.Barnard, 1964 AC 1129

4. Management, Shahdera (Delhi) Saharanpur Light Railway Co. V.SS Railway Work Union AIR 1969 SC 573.

5. Agr ElectricalSupply Co. V.Sri Alladin-AIR 1970SC512.

6. Associates Cement Co.Ltd. V.PD. Vyas AIR 1969 SC665.

7. Guest Keen Williams P Ltd V.P J Sterling, AIR 1959 SC 1279.

8. Bokajan Cement Corporation Employees V.Cement Corporation of India Ltd AIR 2004 SC245.

PUBLIC INTERNATIONAL LAW


Aims and Objectives of Course This course focuses on exposing students to the concept of international law and its relevance. It tries to make students aware about various concepts related to international law and its theories.

Module I: Introduction and Sources of International Law International Legal System

The problem of defining ‘International Law’

Nature, Scope, Characteristics of International Law

International Law as ‘Law’

Binding Character of International Law. Enforcement and compliance. o International Law

and International Political System

Foundational movement From Westphalia to Versailles

From Versailles onwards

Changing scope of International Law

Role of Charter of United Nations and Statue of International Court of Justice o Article 38 of

Statue of International Court of Justice (Nature and Scope)

Treaties-Law making treaties/normative treaties v. Contract treaties

Custom- Custom v. Usage, Objective element + Subjective element (opinion juris sive

necessitates), Persistent objector rule

Relationship between Treaties and International Custom

Conflict between rule of treaty and rule of customary law: the lex specialis derogate

lex generalis; the lex superior derogate lex inferiori; the lex posteriori derogate lex priori

Special rules of Customary International Law: Jus Cogens and Rules creating Erga Omnes

Obligations

General Principles of Law-The problem of non-liquet, General Principles as Principles of

National law or General Principles as Principles of International Law

Application of General Principles in International disputes: Equity (Article 38(2) of ICJ Statue; ex aequo et bono); Doctrine of Good faith; Res Judicata; Estoppel; Indemnity; Admissibility of

Evidence etc.

Judicial decisions (subsidiary source)-Article 59 of Statue of ICJ, Judicial precedent and Statue of

ICJ, Evidentiary value of national decisions

Writing of Publicists (subsidiary source)

Modern sources of International Law-Secondary law of International Governmental

Organisations (IGOs), Modern sources of International Law, Soft sources of International Law:

Resolutions and declarations of UN General Assembly

Module II: International Law and Municipal Law

Whether International Law prevail over domestic law? Theories on relationship between International Law and Municipal Law Municipal law in International Law and International Tribunal International Law in Municipal Law- Practice of states (Special emphasis on Indian Practice)

Customary International Law

Constitutional provisions and restrictions on Treaty power.

Constitutional authority to make international agreements.

Breach of International Agreements and Judicial remedie

Module III: Subjects of International Law International Legal Personality

Recognition of State: Determination of Statehood., Article 1 of 1933 Montevideo Convention on

rights and duties of States, Constitutive and declaratory views.

Recognition of Government-Criteria for recognition, Is recognition necessary? –The Estrada

Doctrine , De jure and de facto recognition, Retroactivity and Withdrawal of Recognition,

Belligerency and Government-in-exile, Stimson doctrine of non-recognition, Dependent territories

other than ‘States’ having International Status

Dependent entities, associated states and Sui Generis Entities, International

status of ‘people’ and their right of self determination, ‘International

Organizations’ as International persons, Individuals, Companies and groups.

Module IV: State Territory and State Succession & Law of The Sea

State Territory and Sovereignty: Territorial rights and other lesser rights -Acquisition of

Territorial Sovereignty, Loss of Territorial Sovereignty Legal consequence of changes of

sovereignty over territory (State Succession)

Introduction and basic concepts of Law of Sea

Module V: Jurisdiction in International Law Jurisdiction- Prescribe, Adjudicate And Enforce Territorial and Extra-territorial Jurisdiction

Territorial Jurisdiction : Objective and Subjective

Extra-territorial Jurisdiction: nationality based, passive personality, protective and universal

Concept of Nationality, Extradition, Asylum.

Conflicts of Jurisdiction

Immunity From Jurisdiction

Sovereign immunity (Absolute and restrictive state immunity). Diplomatic immunity. Consular

immunity.

Immunity of international organizations. Wavier of Immunity

Module VI: Law of International Obligations

ILC Draft Articles on Responsibility of States for Internationally Wrongful Acts of 2001

General Principles Of International Responsibility

Theories on State responsibility: Objective theory v. Subjective theory; Damage Theory and

Faulty Theory; Absolute Liability and risk theory.

Wrongful act and Rules of Attribution-Direct and Indirect wrongs

Circumstances precluding wrongfulness

Consequences of Internationally wrongful act and Enforcement of International Responsibility

Law of Treaties-

Article 38 (1) of ICJ Statue and principle, ‘pacta sunt servanda’

Vienna Convention on the Law of Treaties, 1969: Treaty making process, Application, Effects,

Invalidity, Termination, Suspension. Reservation to the Treaties Article 53 of Vienna Convention, 1969 and Jus Cogens Article 62 of Vienna Convention, 1969 and Rebus sic stantibus Interpretation of Treaties: Objective, Subjective and Teleological Approach; General rules and

supplementary means for interpretation. State Practice- India, Interpretations of treaties by Indian Courts

Module VII: International Disputes and International Law of Cooperation

Settlement of International Disputes

Modes of Settlement- Peaceful/Amicable and Forcible/Coercive.

Diplomatic methods v. Legal methods

Article 2(3), 2(4) and 33 of UN Charter.

International Arbitration and International Court of Justice (Procedure; Process; Adjudication-

Contentious Jurisdiction and Advisory Jurisdiction)

International Organizations Functions, Constitution and role in International Law in- For maintenance of international peace

and use of force, For trade and development, Technical, social and cultural cooperation, Regional

economic communities

Diplomatic and Consular Relations

Diplomatic and consular agents: immunities, privileges and rights

Special missions Protection of UN and associated personnel o

Representatives to International organizations

B. Text/ Reference Books: 1. Singh, Gurdip, International Law, 3rd Edition (EBC, 2015)

2. Scott, Shirley, International Law in World Politics – 2010 Edition (Rienner)

3. Akehurst. M, Modern Introduction to International Law (Routledge, 2002)

4. Crawford, James, Brownlie’s Principles of Public International Law, 8th edition (Oxford, 2013)

5. Harris, D.J, Cases and Materials on International Law, 7th rev edition (Routledge, 2010)

6. Kapoor, S.K., International Law and Human Rights: Nutshell, 14th edition (Central Law

Agency, 2008)

7. Shaw, Malcolm, International Law, 7th edition (Cambridge, 2014)

8. Starke J.G, Introduction to International Law, 10th edition (Butterworths, 1989)

Legal Instruments

1. Charter of United Nations

2. Statue of International Court of Justice

3. Responsibility of States for internationally wrongful acts (A/RES/56/83, 12 December 2001)

4. Responsibility of international organizations (A/RES/66/100, 9 December 2011)

5. Convention on Diplomatic relations (Vienna, 18 April 1961)

6. Convention on Law of Treaties (Vienna, 23 May 1969)

7. United Nations Convention on Jurisdictional Immunities of States and Their Property (New

York, 17 January 2005)

List of Cases: 1. Aban Loyd Chiles Offshore Ltd. v. Union of India, (2008) 11 SCC 439.

2. Abu Salem v. State of Maharashtra, (2011) 11 SCC 214.

3. ADM, JaBCLpur v. Shivakant Shukla, AIR 1976 SC 1207.

4. Berubari Union (I), re, AIR 1960 SC 845.

5. Bhavesh Jayanti Lakhani v. State of Maharashtra, (2009) 9 SCC 551.

6. CIT v. PVAL Kulandagan Chettiar, (2004) 6 SCC 235.

7. DK Basu v. State of WB, AIR 1997 SC 610.

8. Gramophone Co. of India Ltd. v. Birendra Bahadur Pandey, AIR 1984 SC 667.

9. Hungary v. Slovak Republic, Case C-364/10, decided on 16-10-2012.

10. Jayantilal Amratlal Shodhan v. FN Rana, AIR 1964 SC 648.

11. Jolly George Varghese v. Bank of Cochin, AIR 1980 SC 470.

12. Maganbhai Ishwarbhai Patel v. Union of India, AIR 1969 SC 783.

13. MV Elizabeth v. Harwan Investment and Trading, 1993 Supp (2) SCC 433.

14. Nilabati Behera v. State of Orissa, AIR 1993 SC 1960.

15. Nirmal Bose v. Union of India, AIR 1959 Cal. 506.

PATENT RIGHT CREATION, DRAFTING AND SPECIFIC REGISTRATION


Aims and Objectives of the Course This paper is a specialization course in field of IPR. This paper focuses upon the patent law with special

reference to creation of patent rights their utility and significance. The course will also expose students towards

drafting of patent agreements and and registration of patents along with its process and procedure.

Module- 1 EVOLUTION AND GROWTH

a) History of Patent

b) The International Patent System

c) Foreign Impact upon National System

Module- 2 THE PATENT ACT 1970

a) Introduction, Aim Objective

b) Features And Principle

c) Invention and Invention not patentable

Module 3 a) Rights of patents

b) Terms of Patent

c) Patent of Addition

d) Surrender and Revocation

e) Compulsory Licenses

f) Infringement

Module 4 PATENTABILITY AND PROCEDURES FOR GRANT OF PATENTS

a) Pre-requisites – Novelty, Inventive Step, Industrial Application

b) Prior Art, Anticipation, & Person Skilled in the Art

c) Procedures for Filling Application

d) Specifications – Provisional and Complete Specifications

e) Priority dates

f) Pre-Grant and Post Grant Opposition

g) Grant and sealing of Patents

a) Rights of Patentee

b) Power of Controller

Module 5 LIMITATIONS, EXCEPTIONS & INFRINGEMENTS

a) Licensing – Voluntary & Non –Voluntary

b) Assignment

c) Fair Use

d) Use and acquisition of inventions by Central Government

e) Parallel Imports

f) Claim Interpretations and Constructions

g) Infringements & Remedies

Module 6 PATENT AUTHORITIES, PATENT AGENTS & EMERGING ISSUES

a) Controller General of Patents

b) Patent Examiners

c) Patent Agents

d) Intellectual Property Appellant Board

e) Emerging Issues

f) Patents & Computer Programs

Module 7 a) Business Methods & Utility Patents

b) Bio-Informatics Patents

c) Patent and Human Right Issues

Text/ Reference Books: 1. Prof. A.K.A Avasthi(ed.) Spotlight on Intellectual Property Right

2. Nagrajun, Intellectual Property Right

3. Menu Paul, Intellectual Property Right

4. W R Cornish, Intellectual Property: Patents Copyright Trademarks and allied rights, Sweet & Maxwell,

London, 2010.

5. Ananth Padmanabhan, Intellectual Property Rights Infringement and Remedies, Lexis Nexis, 2012

COMPETITION LAW


Aims and objectives of the Course:

Competition law is required in any legal system to ensure a fair and free competition in market. Often parties in

open market abuse their dominance and try to monopolise the business.

I- Module

The Competition Law

Meaning and nature Competition law

Need for Competition law

Growth and Development of Competition law

II -Module

MRTP Act and its need

Limitations of MRTP Act

Background of Competition Act.

Salient features of Competition Act.

III -Module

Anti-Competitive Agreements, Vertical and Horizontal Agreements, Predatory Pricing

Abuse of Dominance

Combinations and its Regulations

IV -Module

Competition Commission of India (CCI)

Power and functions of CCI

Jurisdiction of CCI

Landmark judgments of CCI and their analysis

FDI and Policy analysis

V- Module

Brief concept of the Development of Competition Laws in USA and UK

Comparative Analysis

Foreign Case studies

Enforcement Mechanisms under the Competition Act. 2002

VI- Module

Role of other regulators

SEBI, Functions and Powers

ED Functions and Powers

Competition Commission and other Regulators

VII- Module Case Studies

Text/ Reference Books: Text Books:

1. Richard Whish & David Bailey, Competition Law , Oxford University Press, 2012 (7th

Edn)

2. Avtar Singh, Competition Law, Eastern Book Company, 2012

References Books:

1. V.A. Avdhani, Investment and Securities Market in India, Himalaya Publishing House, 2011 (9th

Edn)

2. Vinod Dhall, Competition Law Today, Oxford University Press, 2007

3. Taxmann‟s Competition Act, 2002

COPYRIGHT LAW


Aims and objectives of the course This course is designed to give students knowledge about copyright law. as a specialization course this course is

designed to expose students about intricacies of copyright regime in India. As any intellectual creation requires a

vast amount of intellectual and creative input such productivity needs to be preserved. Copyright laws helps in

securing this intellect of any individual.

Module- 1

INTRODUCTION TO COPYRIGHT a) History of Copyright protection,

b) Originality,

c) Idea- expression dichotomy,

d) Copyright and its relationship with other IPRs

e) Worker protected under copyright,

Module- 2

INTERNATIONAL CONVENTIONS AND TREATIES a) Berne Convention for the Protection of Literary and Artistic Works, 1883

b) Universal Copyright Convention, 1952

c) TRIPS Agreement, 1994

d) WIPO Copyright Treaty, 1996

e) International Copyright Order, 1999

Module 3

SUBJECT MATTERS OF COPYRIGHT

a) Work in which Copyright Subsists

b) Authorship vis- a vis Ownership

c) Copyrights: Economic and Moral Rights

d) Duration of Copyright

e) Copyright Issues in Digital Environment

f) Assignment and Licensing

Module 4 Neighboring Rights

a) Origin and Development

b) Rationale for Protection

c) Copyright vis-a vis Neighboring rights

d) Performers Rights

e) Broadcasting organizations rights

f) Rights of the Producers of Phonograms

g) Economic and Moral Rights

h) Exceptions

i) Infringement and Remedies

Module 5 ACQUISTION OF COPYRIGHT

a) Meaning of copyright

b) Procedure for registration of copyright;

c) Different statutory agencies under the Copyright Act and their roles

Module- 6 OWNERSHIP AND TRANSFER

a) Assignment and licensing of rights;

b) Drafting of agreement to transfer copyright and related rights;

c) Collecting societies and administration of rights;

d) Compulsory and statutory licensing

Module- 7 INFRINGEMENT AND REMEDIES

a) Fair dealing/ fair use- comparison of US, UK and India;

b) ISP Liability,

c) Digital Right Management,

d) Remedies for infringement

Text/ Reference Books: 1. Sterling, J. L. A., World copyright law, (2008) 3rd ed, London, Sweet & Maxwell.

2. Ahuja, V. K. , Law of Copyright and Neighbouring Rights, (2007), New Delhi, Lexis Nexis

3. Prasad, Akhil, Copyright Law Desk Knowledge, Access and Development, (2009), Delhi.

4. Mendis, Dinusha Kishani, Universities and Copyright Collecting Societies, (2009), Hague, T.M.C.

Asser press

5. David Nimmer, Nimmer on Copyright, Lexis Nexis, 2010

6. W R Cornish, Intellectual Property: Patents Copyright Trademarks and allied rights, Sweet & Maxwell,

London, 2010.

7. S. Sivakumar & Lisa P. Lukose, Broadcasting Reproduction Right in India: Copyright and

Neighbouring Right Issues, ILI, New Delhi, 2013


9. Mira Sundara Rajan, Moral Rights: Principles, Practice, and New Technology, Oxford University Press,

2011

10. Neil Weinstock Netanel, Copyright's Paradox, Oxford University Press, 2008.

11. Robert A Gorman, Jane C. Ginsburg, Copyright Cases and Materials, Foundation Press, 2011

12. Paul Goldstein , International Copyright: Principles, Law, and Practice, Oxford University Press, 2012

INSOLVENCY AND BANKRUPTCY CODE

Subject Code: BAL061A Maximum Marks:

100

Module I

Insolvency and Bankruptcy defined.

Earlier legal framework related to Insolvency and Bankruptcy

Salient features of Insolvency and Bankruptcy Code 2016

Application of Insolvency and Bankruptcy Code to Companies Act, LLP and other entities.

II -Module

Debt, default, financial information and financial institution, financial service etc defined

Procedure for Insolvency resolution against corporate persons.

Legal provisions related to financial and operational creditor

Insolvency resolution and moratorium, Interim resolution professional- Appointment, duties, functions

and powers.

Liquidation process, Appointment of liquidator functions and duties

Claims, consolidation, verification, admission, rejection and determination of claims

Distribution of assets and Dissolution of Corporate debtors

III -Module

Fast track corporate insolvency resolution process.

Voluntary liquidation of corporate persons

Adjudicating Authority for corporate persons-appeals and malicious initiation of proceedings

Offences and penalties

IV -Module

Insolvency Procedure for Individuals and Partnership firms

Fresh start process and its procedure

Provisions relating to Resolution Professional

Discharge process and order

Insolvency resolution process- application and procedure consequently

V Module

Administration and distribution of assets of Bankrupt

Bankruptcy Trustee- Functions, Rights, Duties and powers.

Delivery of property and restrictions on disposition

Settling of claims of all and procedure thereof.

Other miscellaneous provisions.

VI Module

Miscellaneous provisions under IBC

Insolvency and conflict of jurisdictions

Insolvency and Bankruptcy law in other jurisdictions

Comparative analysis of Indian law and laws of UK and USA

Adaptability of Indian laws as per international standards.

VII Module

Case Studies on insolvency and bankruptcy

Expert Session on IBC

Practical and Industrial exposure (Clinical visit)


a. VS Vahi, Treatise on Bankruptcy and Insolvency Code, Bharat Law House Pvt Ltd.

b. VS Datey, Guide to Insolvency and Bankruptcy Code, 8th Edn, Taxman Publications.Act,

LexisNexis Butterworths, Wadhwa Nagpur.

c. Ravinder Agarwal, Insolvency and Bankruptcy Practice Material, (2018) Taxman Publictions.

Bhandari MC (2016) Guide to Company Law Procedure, LexisNexis Butterworths Wadhwa

Nagpur

d. Wadhwa Brothers, Shorter Insolvency and Bankruptcy Code with procedures by Wadhwa

Law Chanbers, 1st Edn, 2020.

TAXATION LAW-II (GOODS AND SERVICE TAX)


Course Objectives: To understand the indirect taxation in India and evolution of GST along with its key provisions.

Module 1:

Introduction

What is tax?

Source of power to tax

Stages of Taxation

Structure of Indirect taxation

Disadvantage of earlier Indirect taxation system

Module 2:

Introduction to GST

What is GST?

Historical developments leading to GST

Constitutional amendment and need for it

What are the objectives of GST regime?

What all taxes are subsumed by GST?

What all taxes are not subsumed by GST?

Which items GST does not cover at present and its effect?

Is GST same as VAT? Or How does present VAT and GST differ?

What is meant by ‘cascading effect’ in taxation?

How will GST address cascading effect or ‘tax on tax’?

What is CGST/ SGST/ IGST/ UTGST?

At What point GST will be levied?

What are likely benefits of GST?

What are likely disadvantages of GST?

Global perspective on GST

Module 3

GST Council

Introduction to GST Council

Role of GST Council

How will decisions be taken by the GST Council?

Migration to GST

Module 4

Registration

Registration under GST - An introduction

Who is liable to register under GST laws?

Who is exempted from registration?

What is an aggregate turnover?

New registration

About GSTN

Cancellation of registration

What are implications of cancellation of registration?

Amendment of registration

Module 5

Supply under GST

Concept of supply under GST

Composition levy

Compensation cess

Actionable claims

Composite / Mixed supply

Concept of reverse charge

Rate slabs

Exempt service

Module 6:

Accounts and records in GST

GST practitioners

TDS under GST

Tax collection at source

Job work

Transition provisions under GST

Imports under GST

Returns

Module 7:

Miscellaneous Provisions

GST Implementation issue

GST and federalism

Reforms in GST

Reference: Goods and Service Tax Act, 2016

LAND LAWS


Module 1- Rajasthan Tenancy Act, 1955 Preliminary: object and reason, Definition- Agriculture year, Agriculture, Agriculturalist, Crops, Estate, Estate

holder, Grove-land, Holding, Improvement, Khudkasht, land, land cultivated personally, Land holder, Pasture

land, Rent, Revenue, Sayar, Tenant, Nalbat. Classes of Tenants, Primary Right of Tenant, Surrender,

Abandonment and Extinction.

Module 2-Rajasthan Tenancy Act, 1955 Determination and modification of Rent, Payment and recovery of rent, Ejectment of Tenants, Remedies for

Wrongful Ejectment of tenants. Question of proprietary rights in Revenue court, Question of tenancy Right in

civil court

Module 3-Rajasthan Revenue Act, 1956 The Board of Revenue, Revenue Courts and Officers, Appeal, Reference, Revision and Review, Survey, records

of right, Maintenance of maps and record, annual register

Module 4-Rajasthan Revenue Act, 1956 Settlement operation, rent rates, collection of revenue

Module 5-Rajasthan Rent Control Act, 2001 Preliminary: object and reasons, Definition-Amenities, Landlord, Premises, Tenant. Revision of rent, limited

period tenancy, eviction of tenants, right of landlord to recover immediate possession in certain cases, restoration

of possession of illegally evicted tenant and procedure thereof.

Module 6-Rajasthan Rent Control Act, 2001 Constitution of tribunals, procedure for revision of rent and eviction, Appeal and Execution

Amenities.

Module 7-Land Acquisition Law Preliminary: object and reason, Definition: affected family, agriculture land, cost of acquisition, displaced family,

infrastructure project, marginal farmer, market value, person interested, public purpose, and resettlement area.

Determination of social impact and public purpose, special provision to safeguard food security, Notification and

Acquisition, Rehabilitation and Resettlement Award and procedure relating to it. Procedure relating to land

acquisition, rehabilitation and resettlement authority, apportionment and payment of compensation.

BANKING LAW AND PRACTICE


Objectives: To acquaint student with operational parameters of Banking law

To teach General Principals of Banking law

Module 1 History of Banking in India

Social control of the Banking companies

Licensing of Banking Companies

Module 2 Reserve Bank of India –Structher and Functions

Types of Banking Institution –Commercial Bank Regional Bank Rural Bank

Module3 Promissionary Note Bills of Exchange Hundis Cheques Bank Draft

Dishonor of Cheques and criminal Liability on Dishonor of Cheques

Module 4

Banker and Customer relationship Loans and Advances and Different Kinds of Accounts

Module 5 Securities for Bankers Loan

Guarantee pledge Lien Mortgage

Banking ombudsman

Module 6 Modern Aspect of Banking

Internet Banking ATM , RBI Guidelines for Internet Banking E- Commerce

Frauds In Banking Copying Hacking Fund Transfer Duplication Credit Card Abuse

Module 7 History of Micro Finance Micro Finance in India Microfinance and Social Intervention Standard and

Principals Role of Foreign Donors

Leading cases

1 Bharat Bank ltd vs Kashyap Industries

2 Uco Bank vs Hem Chandra Sarkar

3 Claytons case

4 Pramod Malhotra vs Union of India

5 Yuan –Kun –Yeu vs AG of Hong Kong

Suggested Readings

Banking Law Advocate BDutta

Banking Law RN Choudhary

Banking Law CA Ketan M Bhatt

PRIVATE INTERNATIONAL LAW


Aims and Objectives: This course is designed to make students aware about the concept of Pvt International law or what is popularly

referred to as Conflict of Laws. With growing advent of globalization there are a lot of interactions and

transactions that take place between citizens of various countries where state is not involved. In such situations whenever there are legal disputes it is essential to determine the forum and law through which dispute would be

solved. Hence, this course is designed to make students aware about such principles.

Module I: Introduction, Stages in Private International Law and Characterisation Definition, Nature, Basis, Role, Functions and Scope

History, Development, Schools, Theories and Nomenclature

Difference between Public and Private International Law

Stages of Private International Law: Choice of Law, Choice of Jurisdiction,

Commonly used maxims and phrases in Private International Law

Indian, English and American Approaches to Private International Law

Private International Law in pre-independent and post-independent India and the current requirements

Definition, Theories and Nomenclature of Characterization

Understanding the Choice of Law, Choice of Jurisdiction, Recognition and Enforcement of Foreign

Judgments and Awards

Cause of Action and Rule of Law

Connecting Factor, Incidental question, Time and Space factor, Depecage

Renvoi – Meaning, Kinds, Problem defined and solved and its Application

Procedure and Substance in private international law, differentiation and convergence, Question of

Fact and Question of Law

Module II: Foreign Law Meaning and its Application

Exclusion of Foreign Law: Instances

Module III: Jurisdiction of Courts Meaning, Filing of a Suit, Immunity

Jurisdiction in Rem and Jurisdiction in Personam

Module IV: Recognition and Enforcement of Foreign Judgments and Awards Meaning, Application and Impeachment

Necessity and Limitations

Module V: Domicile, Status, Nationality and Residence Definition, Kinds, Domicile and Residence

Status and universality of Status

Meaning and relevance of Nationality in Public and Private International Law

Module VI: Private International Law Issues Contracts: Principles, Maxims, Theories, International Conventions and Applications, Public Policy

doctrine, Foreign currency claims, Electronic consumer contracts

International Arbitration: Principles, Maxims, Theories, International Conventions and

Applications, Public Policy doctrine

Foreign Company: Principles, Maxims, Theories, International Conventions and Applications

Intellectual Property Rights: Principles, Maxims, Theories, International Conventions and

Applications

Foreign Marriages: Definition, Maxims, International Conventions and Applications, Same Sex

Marriage and Live-in relationships, Elements of Marriage – validity, capacity, legitimacy,

legitimization, Breaking Matrimonial Relationship – Annulment and Divorce and its consequences on

Children, Adoption, Guardianship and Custody. Issues of surrogacy, cross border marriages and inter-

parental child custody in Indian Private International Law

Foreign Property: Principles, Maxims, International Conventions and Applications, Immovable

Property and Movable Property, Shares, Bonds and Negotiable Instruments [only summary],

Succession and Administration of Estates [only summary]

Foreign Trusts: Principles, Maxims, Theories, International Conventions and Applications –

Introduction and Summary

International Insolvency: Principles, Theories, International Conventions and Applications –

Introduction and Summary

Module VII: The Hague Conventions-System Private International Law Why The Hague System?

Universalization or Harmonization or Codification?

Appraisals on The Hague Conventions-system

Pending and relevant issues in The Hague Conventions-system

Position of India and The Hague Conventions-system

Challenges before the international society towards various issues in The Hague Conventions-system

G. Text/ Reference Books: 1. Setalvad A, Setalvad's Conflicts of Laws (3rd Edition, LexisNexis 2014). [for practical

analysis of procedure and issues] 2. Diwan P and Diwan P, Private International Law, Indian and English (4th rev. and enl.

ed. Deep & Deep Publications 1998). [theories and schools of thought] 3. Agrawal KB, Vandana Singh and Singh V, Private International Law in India (Kluwer

Law International 2010). [for Indian case laws] 4. Fawcett JJ, Carruthers JM and North PM, Cheshire, North & Fawcett: Private

International Law/ James Fawcett, Janeen Carruthers; Peter North, consultant editor

(14th ed. Oxford University Press 2008). 5. McClean JD, Beevers K and Morris JHC, The Conflict of Laws (6th ed. Sweet &

Maxwell 2005).

6. Govindaraj VC, The Conflict of Laws in India: Inter-territorial and inter-personal

conflict (Oxford University Press 2011).

Legal Texts: 1. The Hague Conventions

Convention of 5 October 1961 Abolishing the Requirement of Legalisation

for Foreign Public Documents Convention of 15 November 1965 on the Service Abroad of Judicial and

Extrajudicial Documents in Civil or Commercial Matters Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters

Convention of 29 May 1993 on Protection of Children and Co-operation in

Respect of Intercountry Adoption 2. Indian Civil Procedure Code 1908 3. Respective Indian laws of the issues as discussed in Modules

List of Cases

1. ABC Laminart (P) Ltd v AP Agencies (1989) 2 SCC 163

2. Andhra Bank Ltd v Srinivasan (1962) 3 SCR 391

3. Arathi Bandi v Bandi Jagadrakshaka Rao (2013) 15 SCC 790

4. Bharat Aluminium Co v Kaiser Aluminium Technical Services Inc (2012) 9 SCC 552

5. British India Steam Navigation Co. Ltd. v. Shanmughavilas Cashew Industries (1990) 3 SCC 481

6. Clarence Pais v Union of India (2001) 4 SCC 325

7. Controller of Estate Duty v R Muthappan 1990 SCC Mad 529

8. Dattatrya Ganesh Bhat v Surender Kumari 1996 SCC Kar 43

9. Delhi Cloth and General Mills Co Ltd v Harnam Singh (1955) 2 SCR 402

10. Dhanrajamal Gobindram v Shamji Kalidas & Co (1961) 3 SCR 1020

11. Dhanwanti Joshi v Madhav Unde (1998) 1 SCC 112

12. Elizabeth Dinshaw v Arvand M Dinshaw (1987) 1 SCC 42

13. Enercon (India) Ltd v Enercon GmbH (2014) 5 SCC 1

CYBER LAWS & AI


Aims and Objectives

To understand emerging issues in cyber space

To provide effective mechanism for resolution of cyber issues

Module- 1 (a) i. Genesis object and scope of IT Act

ii. Definitions

(b) i. E Commerce and Digital Signature ii. E Governance

Module- 2 (a) i. Dispatch and Receipt of Electronic Records

ii. Security and Receipt under IT Act

(b) i. Regulation of Certifying Authorities

ii. Digital Signature Certificate

Module- 3 (a) i. Duties of Subscriber

ii. Penalties and Adjudication

(b) i. Cyber Regulation Appellate Tribunal

Module- 4 (a) i. Offences under IT Act

ii. Tampering with Computer Source documents

(b) i. Hacking with Computer System ii. Publishing of obscene Information in electronic form

Module- 5 (a) i. Breach of confidentiality and privacy

ii. Offences related to digital signature certificate

(b) i. Computer Forensic and Process of confirmation

ii. Liability of network service providers

Module- 6 (a) i. Power of Police Officer

ii. Miscellaneous provisions under IT Act

(b) i. Amendment to IPC 1860

ii. Amendment to Evidence Act 1872

iii. Amendment to Banker’s Books Evidence Act 1891

iv. Amendment to Reserve Bank of India Act 1934

v. Issue of jurisdiction of Cyber Space

vi. Issue of Online defamation vii Copyright issue in digital medium

viii. Trade Mark in online medium

Module- 7 Law relating to Artificial Intelligence.

References 1. Computer Law: Reed Cherish, Eastern Book Company, New Delhi

2. Information Technology and Cyber Law : S.R. Bhansali

3. Cyber Law in India : Dr. Farooq Ahmed

4. Information Technology Law and Practice : Vakul Sharma

Cases referred 1. United States v. Simpson 152 F. 3d 1241(10th cir. 1998) USA

2. United States v. 1992 U.S. App. LEXIS 9562 (4th cir. May 4, 1992)

3. Miller v. Califonia 413 U.S.1524 (1973) 4. Ranjit D. Udeshi v. State of Maharashtra, AIR 1965 SC 881

5. United States v. Moris, 928 F. 2d 504, 505 (2nd cir 1991)

6. Director of Public Prosecutions v. Murdoch (1993) IVR 406

TRADEMARK AND DESIGN


Course Objectives: To make students aware about the scope of IPR in trademarks and designs. To make students aware about the scope of IPR in

trademarks and designs. Trademark and design are one of the important aspects of IPR. As a specialization paper this course is

intended to acquaint students with key concepts of trademark and design and give them practical exposure in drafting of trademark

and design agreements.

Course Objectives:

MODULE-1

Evolution of Design Protection,

Salient features of the Design Act, 2000,

important definitions,

MODULE-2

Registration: Requirements and procedure,

Design Piracy, Design and Copyright overlap,

MODULE-3

Infringement and remedies,

International Instruments

MODULE-3

Principle of Trademark- Economic Justification, Quality Justification, Advertising Justification - What is a Trademark-

Definition - Spectrum of Distinctiveness - Grounds of Refusal of Registration.

MODULE-4

Procedure for Obtaining Registration of Trademark - General principles in application- Procedure on receipt of

application- Acceptance & Advertisement, Opposition-Procedural formalities, Registration of Certification Marks,

Registration of Collective Marks

MODULE-5 Rights of the Owner of Trademark- Rights of a Trademark Owner, Transfer of Trademarks- Assignment and License of

Trademarks, Assignment of Trademarks- Licensing of Trademark.

MODULE-6 Infringement of Trademark and Action for Passing off -Infringement of Trademark- Essentials- Dilution of Trademark,

Blurring and Tarnishment, Comparative-Advertising Law- Passing Off- General Principles, Essential elements of passing

off, Difference between Infringement and Passing Off, Passing-off and protection of well-known trademarks, Reverse

passing off, Defences in Trademark Infringement, Remedies.

MODULE---7 Protection of Geographical Indication-Justification for protection- International Position- Lisbon Agreement, TRIPs

Agreement, Bilateral agreements, Regional Developments EU-Geographical indication protection in India, Criteria-

Procedure for Registration in India, Duration- Rights- Overlap between trademark and GI, Remedies, Case study:

Darjeeling tea case- Case Study: Rasgulla case.

TEXT/ REFERENCE BOOKS: 1. Prof. A.K.A Avasthi(ed.) Spotlight on Intellectual Property Right 2. Nagrajun, Intellectual Property Right 3. Menu Paul, Intellectual Property Right

4. W R Cornish, Intellectual Property: Patents Copyright Trademarks and allied rights, Sweet & Maxwell, London,

2010.


MERGERS AND ACQUISITIONS


Aims and objectives of the Course Mergers and Acquisitions are one of the common corporate practices. Companies Act permit mergers and acquisitions of

companies and lays down guidelines for it. It is important to regulate the aspect of mergers and acquisitions as it has the potency to impact the fabric of corporate governance. Therefore, through this course students would be exposed to various key aspects of

mergers and acquisitions.

Objective of Courses:

- I Module

Meaning of Mergers and Acquisitions

Corporate Reconstruction & Corporate Restructuring

Types and Mergers and Acquisitions

Planning and Strategies for Corporate Restructuring in MnA

II -Module

Meaning of Merger and Amalgamation

Procedural aspect of Merger and Amalgamation

Jurisdiction of Courts: Filling of various forms

Merger aspects under Constitutional law

Amalgamation of Banking Companies and Foreign Companies

III -Module

Concept of Demerger

Modes of Demerger- Agreement, scheme of arrangement

Demerger and Voluntary winding up

Legal and procedural aspects

Tax aspects and reliefs

Reverse mergers- Procedural aspects

IV -Module

Meaning and types of takeovers

Legal aspects- SEBI takeover regulations

Disclosure and open offer requirements

Control, Valuation and timing of open offers

Takeover and Delisting

Bailout takeovers and takeover of sick undertakings

Takeover Defences

Crossborder takeover

V Module

Reduction of capital

Reorganisation of share capital

Buy back of Shares: Concept and necessity

Procedure of buyback of shares.

VI Module

Objects and reasons of the Competition Act, 2002

Anti-competitive agreements

Abuse of dominant position

Regulation of combination

VII Module

Case Studies on M n A

Drafting of Merger Agreement

Drafting and Take over compliances

Text/ Reference Books: Text Books:

3. Donald MD (2012) Mergers, Acquisitions and other Restructuring Activities, Academic Press.

4. Ramiyah A. (2016) Guide to Companies Act, LexisNexis Butterworths, Wadhwa Nagpur.

5. Bhandari MC (2016) Guide to Company Law Procedure, LexisNexis Butterworths Wadhwa Nagpur

6. Sampath KR (2017) Mergers/Amalgamation, Takeovers, Joint Ventures, LLP and corporate Restructure, Snow

white publications

7. Ramanujan S. (2011) Mergers et al, LexisNexis Butterworths Wadhwa Nagpur.

8. Depamphilis D. Academic Press. (2001) Mergers Acquisitions and other Restructruing Activities.

LAW OF TRADE SECRETS AND TECHNOLOGY TRANSFER

Course Code: BAL068A Maximum Marks: 100

Aims and Objectives:

To make students aware about trade secrets and design. To make students aware about trade secrets and design. For any given invention, sometimes the best strategy is to seek patent protection, and sometimes the best route is to protect as a

trade secret. It is important to know how to evaluate and harvest inventions, so as to make informed, strategic, choices on

the best way to secure IP rights for valuable innovations arising in your work. In this context this course exposes students to

legalities and practicalities of trade secrets and technology transfer.

Module-I

Trade Secret: Conceptual analysis,

International Protection regime

Module -II Trade Secret Protection in India,

Need for statutory framework for protection of Trade Secrets in India

Module-III

Introduction to Technology and Innovations- Meaning, nature and definitions, technology, research and development and

innovations, technology vis,à,vis economic development,

Commercialization of technology and inventions ,

Technology and IPR Diffusion, Technology integration with the business,

Need for protection of technology,

Theories of protection of inventions, balancing between private interests and public interests.

Module -IV International IPR instruments and technology protection- Berne Convention, Paris Convention, TRIPs etc., Technology protection in US, European, Japan and Indian IPR law.

Module V Technology Protection and Indian IPR Regime- Technology innovations and protection: Copyright Law, Law of Patents, Law of

Trademarks, Law of Designs, Circuit layout designs,

Module VI Technology Transfer and Licensing- Technology Transfer: meaning and nature, need for technology transfer from research centers

to industry,

Phases in technology transfer, IP due diligence, Planning for technology transfer,

Economic consideration of technology transfer,

Module VII Technology transfer and licensing, drafting a technology transfer licensing agreement:

Scope, royalty, format and contents of the agreement.

TEXT/ REFERENCE BOOKS: 1. Prof. A.K.A Avasthi(ed.) Spotlight on Intellectual Property Right 2. Nagrajun, Intellectual Property Right 3. Menu Paul, Intellectual Property Right

4. W R Cornish, Intellectual Property: Patents Copyright Trademarks and allied rights, Sweet & Maxwell, London,

2010.


INSURANCE LAW


Objectives: Insurance sector is one of the most evolving and promising sector in India. People have less awareness and knowledge about

insurance. Therefore, it is important to educate all about its importance. This course is designed to make students aware about the

legal structure of insurance sector and the regulatory authorities and their role.

Module- 1 Introduction to Insurance Law

a) Introduction To Concept Of Insurance

b) Nature Of Insurance

c) Principles Of Torts And Its Relation With Insurance Laws

d) History And Development Of Insurance Industry & Law

e) Insurance Industry In India, The Insurance Act, 1938- (Main Sections), The Insurance Regulatory Authority Act, 1999,

IRDA’s Role And Functions, Insurance Industry And Market, Insurance Management.

Module- 2 Concepts and Principles of Insurance law

a) Insurance Law: Essential Tenets

b) Formation, Performance And Discharge Of Contract

c) Proposal And Policy, Rules Of Interpretation Of Insurance Policy, Logics Behind Providing Exclusion Clauses

d) Classification, Commencement, Duration And Revival Of Policy

e) Utmost Good Faith

f) Insurable Interest

g) Indemnity, Subrogation And Contribution

h) Special Features Of Insurance Contract – Aleatory Contract, Contract Of Adhesion Etc.

i) The Risk, Premium, Proximate Cause

j) Re-Insurance

Module- 3 Life Insurance Contracts

a) Nature And Formation Of Life Insurance Contract, The L.I.C. Act, 1956, The Insurance Act, 1938(Relevant Provisions),

The IRDA Act, 1999(Relevant Provisions)

b) Insurable Interest

c) Proposal And Acceptance

d) Non-Disclosure And Misrepresentation (Section-45)

e) Representations And Warranties

f) Policy As A Property-Assignment & Nomination

g) Claims And Disputes, Suicide Clause, Non-Forfeiture Clause With Emphasis On Surrender Value, Paid-Up Value And

Claim Concession

h) Health Insurance-Concept, Policy And Claim Procedures

Module- 4 Marine Insurance

a) Origin, Development And Nature Of Marine Insurance, The Marine Insurance Act, 1906, The Marine Insurance Act,

1963

b) Marine Insurance Contracts-Essential Tenets

c) Insurable Interest

d) Disclosure And Representation

e) The Marine Policy And Various Types Of Policies

f) Warranties

g) The Voyage

h) Loss And Abandonment

i) Partial Losses And Constructive Total Loss

j) Measure Of Indemnity And Claims

k) Institute Cargo Clauses

l) Inco Terms

Module- 5

Fire Insurance

a) Nature Of Fire Insurance Contract

b) Non-Disclosure And Misrepresentation

c) Standard Fire Policy

d) Proximate Cause, Fire Claims And Amount Recoverable

e) Subrogation, Double Insurance, Contribution And Average

Module- 6 Motor Vehicle Insurance

a) The Motor Vehicles Act, 1988 (Secs.140-176), Nature And Scope

b) Types Of Policies

c) Absolute Or No Fault Liabilities, Principles Of Torts And Motor Vehicles Insurance, Workmen Compensation Act And

Motor Vehicles Act

d) Third Party Or Compulsory Insurance Of Motors Vehicles, Compensation In Hit And Run Cases

e) Computation Of Compensation According To Structured Formula Basis, Judicial Approaches Towards Computation Of

Compensation

f) Motor Vehicles Accident Claims Tribunals-Powers And Procedures

g) Alternate Forum For Settlement Of Motor Accident Claims

Module- 7 Miscellaneous Insurance

a) Liability Insurance-Public Liability Policy, Products Liability Policy, Professional Indemnity Policy, Directors And

Officers Liability Policy, Lift (Third Party) Insurance, Employers' Liability Policy, Carrier's Liability Insurance, Liability

Insurance Act Policy, Golfers Indemnity Insurance

b) Aviation Insurance

c) Agricultural Insurance

d) Theft And Burglary Insurance

e) Insurance For Nuclear Activities

f) Travel Insurance

g) Property Insurance

h) Social Insurance

i) Sports And Entertainment Insurance


John Birds & Norma J. Hird, Bird’s Modern Insurance law, (6th ed., London; Sweet & Maxwell, 2004).

K.S.N Murthy & Dr. KVS Sharma, Modern Law of Insurance in India, (4th ed., Lexis Nexis Butterworths, 2002)

M N Srinivasan’s, Principles of Insurance law, (7th ed., Wadhwa & Co, 2002).

Malcolm A. Clarke, The Law of Insurance Contracts (Lloyd’s of London Press Ltd., 1989).

E.R. Hardy Ivamy, General Principles of Insurance Laws, (6th ed., Butterworth’s, 1993)

DRAFTING AND PLEADINGS


Aims and Objectives : Drafting is a primary stage of writing. A good writing is an outcome of a good draft, similarly Pleadings being the backbone of

Legal Profession and paramount requirement of a good lawyer. Whole case of the party depends upon how skillfully it is drafted

by an advocate. So a great care should be exercised while drafting the pleadings. So this subject will help to make good lawyers

with proficient art of pleadings.

Module – 1 (a) Drafting

i. General principles of drafting

ii. What are deeds and its kinds? (b) i. Components of deeds

ii. Kinds of writs

Module – 2 (a) Pleadings

i. What are pleadings?

ii. Functions of Pleadings.

iii. When Pleadings will be Dispensed with?

iv. Forms of modern pleadings

v. Cardinal rules of pleadings

vi. Material facts.

(b) Civil Suits:

i. Suits in contracts

ii. Suits in Torts

Module – 3 (a) i. Suits for others; i.r.t. civil: miscellaneous ii. Written statements for contracts

iii. Written statement for torts

(b) i. Written statement for others (miscellaneous)

ii. Interlocutory Application

iii. Petition for the Winding up of the company

Module – 4 (a) i. Affidavit

ii. Execution application for final decree

iii. Memo of appeal

(b) i. Memorandum of revision

ii. Writ of Certiorari

iii. Writ of Habeus Corpus.

Module – 5 (a) Criminal

i. complaints ii. Application for exemption from appearance

(b) i. Bail Application

ii. Memo of appeal

iii. Memo of revision

Module – 6 (a) Conveyancing

i. What is conveyancing ?

ii. Things to be considered while conveyancing

iii. Sale deed.

(b) i. Mortgages deed

ii. Lease deed

iii. Gift deed

Module – 7 (a) i. Promisory Note

ii. Power of Attorney iii. Will

(b) i. Separation deed

ii. Service contracts

iii. Hire-Purchase Agreements

iv. Patents

Suggested Readings: 1. Pleading, Drafting and Conveyancing by R.N. Chaturvedi

2. Te law of Pleadings, drafting and conveyancing by R.D. Srivastava law of pleadings in India by Mogha

3. Indian Conveyance by Mogha

HUMAN RIGHTS, INTERNATIONAL HUMANITARIAN AND REFUGEE LAW


Aims and Objectives of the Course Human Right, such as life, liberty, equality and dignity, are the very basic rights and may also be described as fundamental

rights which a man or women possesses by virtue of having born as a human being. They are vital for human survival and needed

for complete development of human personality. The States have been recognized them through their constitutional and other law

and courts are to enforce the human rights as natural and inalienable rights. Actually speaking, rights against the State to treat their citizens with dignity.

There is, however, no consensus as to what these rights should be ? Further, the human rights may interpret as being different

according to the socio-economic, political and cultural conditions of the given society. The law in relation to human rights is,

therefore, of utmost importance.

The course is designed to expose the students to various problems of human rights and law relating thereto and acquaint them

with the law as stand as today and its shortcomings.

Module -1 (a) Human Rights in their Historical perspective

(i) At International Level

(ii) At National Level

(b) Concept, Meaning and various Theories of Human Rights, i.e. Human Rights Jurisprudence

Module -2 (a) Human Rights under the Constitution of India- Fundamental Rights (b) Human Rights vis-à-vis Directive Principles under the Constitution of India

Module -3 (a) Meaning of Human Rights under the (Indian) Protection of Human Rights Act, 1993

(b) Human Rights Courts in India `

Module -4 (a) National Human Rights Commission in India – Its composition, powers and Functions

(b) State Human Rights Commissions – Its composition, powers and functions

Module–5 (b) Judicial Response for the Protection and Enforcement of Human Rights defined in the Constitution of India.

(b) Judicial Response for the protection and enforcement of Human Rights as defined in the Protection of Human Rights

(c) Protection of Human Rights relating to Scheduled Castes and Scheduled Tribes under the various Laws in India

(Protection of Civil Rights Act, 1955 and the Prevention of Atrocities Act, 1986)

(d) National Commission for Scheduled Castes and Scheduled Tribes, National Commission for Women in India,

National Commission for Child Rights in India

Module–6 (a) International Humanitarian Law: An Overview

(b) History Scope Conceptual Background

(c) Conduct of Hostilities

(d) Treatment of Victims, Prisoners of War

(e) International Institutions

(f) State and Individual Accountability

(g) Enforcement of Humanitarian Law

(h) Human Rights and Humanitarian Law

Module–7 (a) Refugee Law, UN Convention on Refugees

References:

U N Charter

Constitution of India Protection of Human Rights Act

D.D. Basu- Human rights in Constitutional Law Upendra Baxi- Human Rights

Awasthi and Kataria- Law Relating to Human Rights Justice Palok Basu- Law Relating to Protection of Human Rights

Case laws:

1. K.S. Puttaswamy v. Union of lndia

2. Indian Young Lawyers Association v. State of Kerala

3. Navtej Johar v. Union of India

4. Romila Thapar v. Union of India

5. Joseph Shine v. Union of India

6. Jarnail Singh v. Lacchmi Narain Gupta

7. Public Interest Foundation v. Union of India

8. Shafin Jahan v. KM Ashokan

9. Tehseen Poonawalla v. Union of India

10. Government of NCT of Delhi v. Union of India

Environmental Law


Aims and Objectives of the course

The importance of environmental law has increased tremendously throughout the globe in recent times. The uniqueness of this

subject lies in the fact that the problems it raises do not relate merely to specific individuals but about such matters as national

development, industrial policy, policies concerning natural resources, inter generational equity, and prevention of pollution. Also

the uniqueness of the subject is borne out by the new outlook which ecology – related knowledge has brought about in recent

times. The development of ecological knowledge has necessitated an overall change not only in managerial studies but also in

socio-legal explorations. This approach to the growing dimensions of environmental law not only helps in managerial studies but

also in socio-legal explorations. This approach to the growing dimensions of environmental law is essential.

Module – 1

(a) Introduction

Meaning, Definition and Concept of Environment - Components of Environment, Biosphere and Ecosystem, Types of

Environment.

(b) Concept of Pollution

Sources of Pollution, Types of Pollution, and Effects of Pollution. c. Nature and Scope of Environmental Law –

Importance, Law as a tool for Environmental Protection.

Module – 2 Environment law and various provisions

(A) International regime and conventions related to Environmental Law

(B) Protection of Environment under the Indian Constitution

(C) Environmental Protection and Law of Torts – Tort of Nuisance: Public and Private – Tort of Negligence – Tort of

Trespass – Environmental Torts

(D) Provisions under Indian Penal Code & Under Code of Criminal Procedure.

Module – 3 Environment Protection Act , 1986

(a) Environment Protection Act 1986: Object, section 1 to 10

(b) Section 10 to 26

Module – 4 The Water (Prevention and Control of Pollution) Act, 1974

(a) The Water (Prevention and Control of Pollution) Act, 1974: Object, Definitions, constitution and functioning of boards under

the Act, Prevention and Control of Water Pollution.

(b) Funds, Accounts

Penalties and Procedure

Central Water Laboratory

Power of Central Government and State Government to make rules

Module – 5 The Air (Prevention and Control of Pollution) Act 1981

(a) The Air (Prevention and Control of Pollution) Act 1981

Object, Definitions, constitution of Boards, powers and functions

(b) Prevention and Control of Air Pollution, Air laboratory, penalties and procedure, power of central government and state

government to make rules.

Module – 6 Protections of Forest, Wild Life and Biodiversity

a. Importance of Forest and need for its Conservation, Indian Forest Act, 1927 and its Salient Features, Forest Conservation Act,

1980 and its Salient Features, Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006

and its salient features, Judicial Approach for Forest Conservation.

b. The Wildlife Protection Act 1972 - Sanctuaries and National Parks, Licensing of Zoos and Parks, State Monopoly in the Sale of

Wild Life and Wild Life Articles, Offences against Wild Life c. Biodiversity Conservation - Biological Diversity Act, 2002 and its

Salient Features

Module – 7 Emerging Issues in Environmental Law

a. Environment Impact Assessment – Definition and Meaning, Types: Mandatory and Discretionary. Draft Bill of Environment

Impact Assessment, 2020.

b. GloBSL Warming and Climate Change – Nature and Causes, Legal Framework: International and National Responses.

c. Natural Resources Accounting

d. National Green Tribunal Act 2010- An Appraisal

Judgments

1. Vellore Citizens’ Welfare Forum v. Union of India (1996) 5 SCC 647

2. Municipal Council Ratlam v. Vardhichand, AIR 1980 SC 1622

3. M.C. Mehta v. Union of India & othes (1992) 1 SCC 358

4. U.P. Pollution Control Board v. Modi Distillary and ors., AIR 1988 SC 1128

5. Church of god (Full Gospel) v. K.K.R. Majestic Colony Welfare Association & ors., AIR 2000 SC 2773

6. D.D. Vyas & ors. v. Shriram Food and Fertilizers and Union of India, AIR 1987 SC 965

7. R. L&E. Kendra, Dehradun v. State of U.P., AIR 1985 SC 652

8. M.C. Mehta v. Kamal Nath, (1997) 1 SCC 599

Suggested Readings

1. Paras Diwan and Piyushi Diwan, Environmental Administration, Law and Judicial Attitude

2. P.S. Jaswal, Environmental Law

3. R.B. Singh & Suresh Mishra, Environmental Law in India

4. P. Leelakrishna, The Environmental Law in India

5. N.Maheshwari, Texi Book on Environmental Law

6. S.C. Shastri, Environmental Law

IPR IN PHARMA INDUSTRY


Course Objectives:

Pharma industry is one of the most sensitive industries because of the economic angle on one hand and public good at other hand.

Pharma inventions and discoveries carry a great deal of hardwork and intellectual input. Therefore such sector must be given IPR

protection. This course deals with exploring possibilities of IPR in Pharma sector.

Course Objectives:

MODULE 1-Introduction to IPR and Pharmaceutical Industry

Stages of drug development

Economics of drugs development

Patent

Trademark

Confident Information

Data Exclusivity

Trade Secret

MODULE-2 Pharmaceutical Innovation and Patent Protection,

Patenting pharmaceutical-International

Patenting pharmaceutical-India

MODULE-3 Clinical Trails- International

International guidelines

Cross- Border clinical trails

MODULE-4 Clinical Trails- India

Indian Scenarion

Legal framework

Role of Institutional Ethics Committee

Prior Informed consent

Protection of the vulnerable populaton

MODULE-5Access to Medicine

Historical view

Public health needs and doha declaration

TRIPS Plus

MODULE-6 Product Liability and Patent Search Analysis.

Mishaps in Pharmaceutical company

Guidelines for examination of patent application

MODULE-7

Search of patent

Drafting calims

Reference Books:

1. Cornish,W. & Llewelyn – Intellectual Property: Patent, Copyrights, Trade Marks & Allied Rights”, 8th Edition, London Sweet & Maxwell, 2013

2. Singh R., Law relating to intellectual property (A complete comprehensive material on intellectual property covering

acts, rules, conventions, treaties, agreements, case-Law and much more), Vol. 1. New Delhi: Universal Law

Publishing Co. Pvt. Ltd; 2004.

3. Sarma, Rama, Commentary on Intellectual Property Laws, Volume 2, Lexis Nexis, 2009. Carlosm Correa- Oxford commentaries on GATT/ WTO Agreements trade related aspects of Intellectual Property


FOREIGN TRADE (INTERNATIONAL TRADE LAW)


Aims and Objectives: International trade law as an independent branch of law is dedicated to govern the aspect of international

transactions. It sets out the standards of economic relations between the country, study of the international regime related to trade transactions and duties and obligations of parties accordingly.

Module- 1 Introduction to International Trade Law

a) International Law and International Economic Relations

b) Development of International Trade law – Ancient, Medieval and Modern

c) Structure & characteristics of International Trade

d) Legal Relationships in International Trade

e) International Business and Globalization

f) Free Trade and Fair Trade

g) Codification and development of International Trade Law by the League of Nation and the United Nations.

Module- 2 International Trade and Financial Institutions

a) The Nature and Characteristics of International Institutions.

b) The Bretton Woods Conference and Establishment of IMF and IBRD

c) Promotion of Currency Stability: Role of IMF, Regional Financial Crisis & the Contribution of the IMF to International

Trade

d) Mobilization of International Capital: The Role of the IBRD

e) Structure and Functioning of IBRD

f) Constituents of the IBRD

g) International Finance Corporation (IFC)

h) International Development Association (IDA)

i) International centers for Settlement of Investment Disputes (ICSID)

j) Multilateral Investment Guarantee Agency (MIGA)

Module- 3 Institutional Environment

a) Pre WTO Scenario, Difference between GATT and WTO

b) GATT- WTO –Institutional Structure

c) Trade Related Institutions- WTO and UNCTAD

d) WTO- Basic Principles, various agreements, Functions and Areas of operations, Dispute Settlement Mechanism (rules

and procedures)

e) Pillars of GATT

i) Most Favored Nation Treatment

ii) Tariff Bindings

iii) National Treatment

iv) Non- Tariff Barriers

f) GATT and Free Trade Agreements (FTA) and Referential Rules of Origin, Market Access, and Beyond.

g) Anti- Dumping and Countervailing Laws, Dumping Margin Determination.

Module- 4 Multi National Enterprises (MNEs) and Foreign Direct Investment

a) Meaning and Characteristics

b) Role of MNEs in host economy

c) Trends in Global FDI

d) Issues in MNEs- Taxation, Restrictive Trade Practices, Currency, Jurisdiction and Technology Transfer.

Module- 5 International Sale Contract

a) Historical Overview of the Regulation of International Sale Contract.

b) United Nation Convention on Contracts for the International Sale of Goods (CISG).

c) Definition and Nature of International Sale Contract.

d) International Commercial trade terms-INCOTERMS

e) UNIDROIT principles of International commercial contracts

Module- 6 International Carriage of Goods

a) Carriage of Goods by Sea

b) Carriage of Goods by Air

c) Carriage of Goods by Road

d) Combined Transport

Module- 7 Payment in International Transactions

a) Documentary Credits.

b) Uniform Customs and Practice of Documentary Credits.

c) Doctrine of Strict Compliance and the Independence principle in Documentary Credits.

Suggested readings:

1. Cornish,W. & Llewelyn – Trade Regulations and GATT. i. Allied Rights”, 8th Edition, London Sweet & Maxwell, 2013

2. Singh R., Law relating to Foreign trade (A complete comprehensive material on International trade Law covering



3. Sarma, Rama, Commentary on GATT, Volume 2, Lexis Nexis, 2009.

4. Carlosm Correa- Oxford commentaries on GATT/ WTO Agreements trade related aspects of Intellectual Property

Rights, Oxford University Press, 2007.


IPR AND BIO DIVERSITY PROTECTION


Course Objective:

This course is designed to educate students about the IPR in Bio diversity protection. It is essential to have a legal framework

wherein the protection can be extended to bio diversity.

Module –I

Introduction and overview of Biological Diversity;

Meaning and scope of Biological Diversity;

Biological resources and traditional knowledge;

Salient features of Biological Diversity Act;

Biological Diversity concerns and issues;

Module -II

Bio piracy;

Regulation of access to Biological Diversity;

National Biodiversity Authority; Functions and powers of Biodiversity Authority;

State Biodiversity Board;

Biodiversity Management Committee and its functions

Module III

Analysis of the biodiversity convention: biotechnology and intellectual property rights,

History and General Scope of the Biodiversity Convention,

The provisions concerning intellectual property right, Intellectual property rights on life form,

From common heritage to national sovereignty and common concern,

IPR- technology transfer and access to genetic resources

Module IV

IPRs and technology transfer: Article 16(5), the recorded views of participant countries,

Conclusions on the Convention and Intellectual Property Protection,

Indigenous and local community knowledge and IPRs

Module V

Related activity within the Biodiversity Convention and Secretariat since 1992

Module VI

Comparative approaches to the IPR/ biodiversity linkage, Current Ideas, Approaches and Activities,

Proposed Block of Access,

Proposed Amendments to the Patent Act

Module VII

Current Regime for Access to Genetic Resources, 1992 Report ,

Current Status,

The USAID-India Agreement,

The Third World Network Draft Community Intellectual Rights Act

Suggested Readings:

1. Cornish,W. & Llewelyn – Intellectual Property: Patent, Copyrights, Trade Marks &

Allied Rights”, 8th Edition, London Sweet & Maxwell, 2013

2. Singh R., Law relating to intellectual property (A complete comprehensive material on intellectual property covering



3. Sarma, Rama, Commentary on Intellectual Property Laws, Volume 2, Lexis Nexis, 2009.

4. Carlosm Correa- Oxford commentaries on GATT/ WTO Agreements trade related aspects of Intellectual Property

Rights, Oxford University Press, 2007.


INVESTMENT LAWS


Course Objectives:

This course is designed to understand the investment laws in India and the legal framework associated with it.

Investments are the backbone of economy and therefore it is required to boost up the investment but at the same

time it is also required to ensure that transparency is maintained.

Module- 1 Introduction to Investment Law

a) Nature

b) Sources

c) Evolution

Module- 2 Multilateral Regulation of Foreign Investment

a) Investment regime – International and Regional

b) MNCs as a regulatory challenge

Module- 3 Bilateral Investment Treaties

a) Rationale

b) Structure

c) Merits and Demerits

Module- 4 Dispute Settlement in International Investment Law

a) Fair & equitable standard of Treatment

b) Most Favoured Nation (MFN)

c) National Treatment

d) Full protection & security

e) Expropriation

f) Exhaustion of local remedies

Module- 5 Investment Law and Human Rights

a) Human rights

b) Labour

c) Environment

d) Socially Responsible Investment (SRI)

Module- 6 Regulatory Regime for Investments in India

a) Regulatory Phases

b) From regulation to management of FOREX

c) FDI

d) Tax

e) Human Rights

f) Labour

g) Environment

h) Transfer of Technology

Module-7

a) Case Studies

b) Drafting of agreements


Agrawal S and Baby RJ, SEBI Act (Taxmann 2011)

Kannan S and Geetha V, FDI in India: Law, Policy and Procedure (Thomson Reuters 2014)

Kaushik L, Unfair Trade Practices in Securities Market (Taxmann 2013)

Mishra B, Law Relating to Insider Trading (Taxmann 2015)

Sornarajah M, The International Law on Foreign Investment (Cambridge University Press 2010)

Subedi SP, International Investment Law: Reconciling Policy and Principle (Hart Publishing 2016)

Taneja R, Foreign Direct Investment and Globalisation (Eastern Book Company 2014)

PROFESSIONAL ETHICS


This Course comprises of seven Modules of eights hour teaching duration. Each Module has been divided in to

two units again to be discussed in four hours in one week.

Module – 1 (i) Professional conduct of a lawyer (ii) Professional conduct

(ii) Professional misconduct

Module – 2 (i) Professional responsibility of advocates

(ii) Conduct of advocate in general

(iii) Arguments in appeals and revisions

Module – 3 (i) Skill of attracting clients

(ii) Persuasion through arguments

Module – 4 (i) Preparation of brief

(ii) Future problems of advocacy

Module –5 (i) Fee structure

(ii) Maintaining accounts of clients fee

Module – 6 (i) Contempt of courts and lawyers

(ii) Strikes, protects and demonstrations by legal professions

Module – 7 (i) Information technology and legal profession

(ii) Advocates and political activities

Suggested Readings

1. Contempt of Courts Act, 1963

2. Advocates Act, 1961

3. Professional Ethics, Accountancy for Lawyers & Bench bar relations, JPS Sirohi

4. Professional Ethics for Lawyers, Changing Profession, Changing Ethics, Raju

Ramchandaran

PIL & RTI


Course objectives: To make students aware about key concepts of PIL and RTI.

Module-I A- I. Public Interest Litigation: It is origin and meaning

II. Scope and nature and object of public interest litigation

B- I. Difference between public interest litigation and private interest litigation II. Doctrine of Locus Standi

Module-II A- I. Judicial Activism. It’s emergence

II. Judicial activism and Public Interest Litigation in changing societal needs

B- I. Judicial process and procedure in writ jurisdiction and public interest litigation

Module-III A- Dynamics and trades of public interest litigation in India:-

I. Right to life II. Right of accused and prisoners

III. Bonded labour:

IV Right to education

V. Ecological balance

Module-IV A- Problems of practice of Public Interest Litigation in India

I. Effective implementation of public interest litigation decision The need for clarity, certainty and efficacy in public interest litigation adjudication B- Regulation of public interest litigation

Module-V A- Legal Service and legal education in India concept and functionaries B- Para legal service in India

Module-VI A- I. Legal Services under the

Constitution

Code of criminal procedure

Code of civil procedure

II. The Legal Service Authorities Act 1987, Legal Aid and Legal Profession B- Lok Adalts- Jurisdiction working and powers under the Legal Services Authorities Act 1987

Module-VII A- Right to Information Act, 2005

Leading cases 1. Bandhua Mukti Morcha v. Union of India (1984) 3 SCC 161

2. Olga Tellis v. Bombay Municipal Corporation (1985) SCC 545

3. Sheela Barse v. State of Maharashtra, AIR 1988 SC 378 4. M.C. Mehta v. Union of Indian (2000_ 5 SCC 525

5. Nilabati Bahera v. State of Orissa, AIR 1993 SC 1960

6. Peoples Union for Civil Liberties v. Union of India (1997) 3 SCC 433

7. Vishakha v. State of Rajasthan, AIR 1997 SC 241